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Committee HearingSenate

Senate Education Committee

June 3, 2026 · Education · 51,169 words · 13 speakers · 337 segments

Chair Sasha Renee Perezassemblymember

Good morning. Welcome to our first hearing of assembly bills. There are 24 bills on today's agenda. There are eight bills on consent. Those bills are item number five, AB 2056, Item number 7, AB 1346. Item number 8, AB 1486. Item number 15, AB 2726. Item number 17, AB 1920. Item number 20, AB 2148. Item number 21, AB 2178. Item number 23, AB 2455. 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. As we don't have a quorum, we'll go ahead and begin as a subcommittee with the first bill. And I do see that we have two authors in the audience. We will go ahead and get started first with AB 402 by Assemblymember Patel.

Senator Choisenator

And Assemblymember, you may begin whenever you're ready. Good morning, everyone, Madam Chair and members. Today I'm pleased to present AB 402. This bill will increase the Cal Grant award amount for private nonprofit colleges to facilitate student agency and opportunities with upward mobility. The Cal Grant program is a financial aid program administered by the California Student Aid Commission. These grants can be used at the California State University, University of California, and private colleges and universities such as Occidental College, Stanford University, National University, and many others. This bill restores the Cal Grant A and B reward amounts to their 2001 levels. It will also allow students who attend a community college to receive the Cal Grants Transfer Entitlement Award at private nonprofit institutions. It aims to make college more affordable for middle and low-income students and give them more agency in their pursuit of a higher education. Just to remind everyone the Cal Grant is awarded to the student whose eligibility is determined by need. The Cal Grant program increases access for low and middle-income students to education that can transform futures and careers. Since a higher education degree remains one of the most effective ways to achieve upward mobility, creating more opportunities and removing barriers that limit how students reach their future goals is an essential part of helping them thrive. With that, I respectfully ask for your aye vote. Thank you and I see that we have presenters here. You may

Pedro Ibarra Mejiawitness

begin and I will time you for two minutes each. Hello, all right. Good morning Chair Perez and members of the Senate Education Committee. I am Pedro Ibarra Mejia, born and raised in Tracy, California and I am here in support of AB 402. When it came to college I knew I wanted to stay in my county of San Joaquin County which is why I attend the University of the Pacific, a private nonprofit institution. However since 2001 Cal Grant awards for students attending private nonprofit institutions has decreased by 4 while awards for UC and CSU students has increased significantly Additionally private nonprofits are excluded from transfer entitlements limiting opportunities for community college students. To me, honorable members of the Senate Education Committee, this makes no sense, because our degrees are no less or no better than those earned at a UC or CSU. As a student who relies on financial aid, I can say that additional Cal Grant funding, or really restoring it back to the 2001 percentage makes a real difference. Attending a private nonprofit institution was actually the more affordable option for me because of merit scholarships and programs like Cal Grant. Yet students at private nonprofits continue to receive less support despite pursuing the same goal. This is especially important for transfer students and my friends at the University of the Pacific, who nearly half of them come from down the street from Delta College. demonstrating the vital role that this private nonprofit institution plays in helping students earn a bachelor's degree close to home. Because of financial aid, I have been able to thrive on my university and serve my community, which I did as a former intern for Assembly District 13. I have also been able to pursue various academic endeavors and extracurricular activities, such as serving as president of my fraternity and being an active student researcher. With this said, I respectfully ask for your support of AB 402 and the students across California who would benefit from this legislation. Thank you.

Mark Millironwitness

MR. Good morning, Chair Perez and members of the committee. My name is Mark Milliron. I am President of National University. I'd like to thank Assemblymember Patel for introducing this important measure. AB 402, along with the accompanying budget requests needed for implementation, would significantly increase access to higher education in California, but particularly for the state's nontraditional working and military students. For nearly 55 years, National University has specialized in serving nontraditional learners across California. The average age of our undergraduate student is 33 years old. Half of our students are parents. Almost all of our students work full time. and about 80% of them are transfers from community colleges. We call our students ANDERS because their primary identity is not just as a student. Our students are students and parents. They are students and employed students and deployed, sometimes all of the above. As a veteran-founded institution and the second-largest nonprofit university in the state, offering more than 150 undergraduate and graduate academic programs, and you enroll tens of thousands of Anders each year and designs our learning models and our support systems for those balancing higher education with the demands of work, family, and service. For them, choosing the right institution is not just a matter of preference. It is often the key to whether they can enroll and persist at all. These are Californians who will continue to drive our state's workforce and our economy, allowing them to retain their Cal Grant eligibility after they transfer to a nonprofit university, will expand access to institutions like ours that are designed to serve nontraditional students. AB 402 will ensure that financial aid follows hardworking, eligible students as they pursue the educational pathways that work best for them. This is a targeted, cost-effective investment that promotes transfer success, degree completion, and educational opportunity for working adults, service members, parents, and other nontraditional learners across California. I appreciate the opportunity to bring this important measure to your attention and respectfully urge your support. Thanks.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation Before we have additional witnesses begin to speak at the mic we have a quorum So Secretary can you please call the roll Senators Perez Here Perez here Ocho Bug Cabaldin Here Cabaldin here Choi Here Choi here Cortese Gonzalez Reyes Here Reyes here The Secretary notes a quorum has been established. We'll now take additional witnesses in support at the mic at the railing. Please state your name, organization, and position on the bill.

Alex Graveswitness

Good morning, Chair and members. Alex Graves with the ICCU. We're the sponsors of the bill, and I'm available to answer technical questions. Thank you.

Senator Choisenator

Good morning, Chair and members. On behalf of the Southwestern San Diego and Los Angeles Community College districts here in support of the bill, thank you.

Jack Worsonwitness

Thank you. Jack Worson from Nausman on behalf of the North Orange County Community College District, Citrus College, and Mount San Antonio College in support.

Monica Salaswitness

Good morning. Monica Salas on behalf of Bay Area Council here in support.

Nathaniel Berrywitness

Nathaniel Berry, California Indian Nations College. I'm in support of this as well. Thank you.

Chair Sasha Renee Perezassemblymember

Okay, seeing no additional witnesses in support, we'll move on to any witnesses in opposition. If there are any witnesses in opposition, please come forward. Seeing nobody getting up, we'll go ahead and turn it back to the committee. Do we have any questions or comments from committee members?

Senator Cabaldonsenator

Senator Kevoldan? Thank you, Madam Chair, and thanks to the author and the witnesses. A couple questions. So the first is with respect to just to wind back from what the analysis describes in terms of what the deal was in terms of the last most recent change to the law. And I was a staffer here when we were working on Cal Grants for independent institutions. I was here in 2021 when this was all set up. So a long history here. But the point of the most recent augmentation was to advance the state's very critical policy interest in expanding the deployment of the associate degree for transfer, which has been an incredibly high priority at both UC and CSU. And part of the arrangement here was that independent institutions statewide would do the same. The very substantial efforts that their public sector partners have been doing, and essentially in exchange for accomplishing that, that there would be the increase to the grant. And my understanding is we've not seen those statutory targets from the Budget Act haven't been accomplished and that we're still relatively small. My understanding from the analysis, we're at a couple thousand ADTs statewide for the entire sector. What's the state of the independent colleges' commitment, progress, hard choices, you know, difficult conversations in academic senate meetings and what have you in order to actually advance the associate degree for transfer that's been so successful at CSU and UC at really dramatically increasing educational pathways and success for students that begin their careers in community colleges?

Mark Millironwitness

Well, certainly through the chair. Certainly there have been a lot of struggles and challenges with students accessing it and part of it is the financial aid component of it Dr Milliron if you would like to respond and also Alex is here to provide some more details around that I love this question and I could not be more supportive of ADTs So National University literally just about a month and a half ago signed a statewide articulation agreement with the California Community Colleges actually just released a press release around it, and part of it was completely mapping all of the ADTs into our programs and matching the tuition rates of the community colleges for students who come into National University to increase the completion rates for folks who are coming in. About 80% of our undergrads have come in with community college transcripts, and our big thing is we want to be the most transfer-friendly institution in the state, so we are aggressively trying to make sure the ADT students in particular can be successful as they come into National. We've been doing it for 50 years, but this statewide articulation agreement, I think, is probably – I think the Chancellor's Office has been really strong in working with us around this, and we really want to be a symbol to other private nonprofits out there that this can be done and be done effectively at scale. But more importantly, I mean, 70 percent of our undergraduate students are diverse. Over half of them are military-affiliated. Over half of them are parents, and 80 percent of them come from community colleges. What we know is our job is to be accessible, to make sure they don't lose any credits as they're coming over, and they can have an affordable pathway.

Alex Graveswitness

And again, Alex Graves at the ICCU, I think there's a couple things embedded in your question. In terms of the commitment that was made under the prior administration when the ADT and Cal Grant kind of tie was made for our sector, the agreement was basically to set statutory targets and the achievement of those targets was not followed by an increase to the Cal Grant award. It was just achieving them was attached to no potential trigger cut to the Cal Grant award. We would certainly prefer to see an approach that promotes a growth mechanism than a cut. For the ADT, since that agreement was made, we now have approximately 34 to 35 of our institutions that have active participation in MOU. When you look at our data from the community colleges on kind of transfer volume to our institutions, what we find is that our institutions that already had strong transfer culture are largely the ones that are participating in ADT. I think in the last year we welcomed something like 11,000 new community college students into our institutions. And in terms of the ADT numbers year over year that have been measured, we've been pretty stable year over year. We've generally been around 23, 2400 new ADT admits year to year with minor variation. And there was something else embedded in your question, but I hope that's helpful.

Senator Cabaldonsenator

All right. Thanks. I mean, this is a very, we are a very affirming committee. However, ADTs are a great example of where intention and commitment and values do not automatically translate into actual degrees, because there are a lot of incentives in the system for them not to proceed at scale, which is why we've taken pretty aggressive, the language that Mr. Graves mentioned was pretty aggressive by the state in order to make that happen. Because we realize that, you know, the undergraduate curriculum, full disclosure, I'm the one former faculty member here in the Senate, you know, the internal financial curriculum, departmental incentives to just keep your program the way it is and not bend to the statewide homogenization of the ADT, which is for the students benefit. very strong. And so it requires institutions to do things that they either don't want to do or have battles that they don't want to have, which is why we've created these kinds of triggers in order to accomplish that. And so the fact that we're not making substantial progress here at this point, maybe nationalists accounts for most of the 2300, which is both good and bad news, obviously, that we're not getting that scale in institutions that don't have either the commitment or the administrative capability or control in order to make that move forward. So to me, the imperative is just as strong now. So if we were prepared before to say, do this like everyone else is doing in public higher ed, which is and that's the argument for this bill is that we should be treated equivalent to public higher ed. They are doing it. And so if we were prepared to say we will cut your grants, which we didn't do, but we were we you know, the the the the empty threat that we made was we will cut grants if things if the segment does not do this. To me, it would be equally important to say if we're going to make an increase in the grant, that requirement still it holds that the segment has to in a much in a bigger way now because ADTs are much more established. And there's no excuse for an independent institution to say, oh, we're not sure about the quality or whatever. Every every campus of CSU is doing it at scale and many CSU campuses as well. So that's not a that's not an acceptable reason not to move forward. So to me, that's an important piece here is that that arrangement needs to at least be continued, if not strengthened, if we're talking about an increase. So that's one issue. The second issue I just want to highlight because we often, you know, in our committee, we're like, well, we'll leave the fiscal to later in the Appropriations Committee. And as I think I'm the only one on the committee that's also on the Appropriations Committee, it's not cool. Like, we have a responsibility here, too, to make these fiscal decisions. And I am concerned that we have passed a major Cal Grant reform package three years ago, two years ago. The chair was super involved in this, and we haven't funded it. And so we have to exercise some policy discipline, some strategy about it. We can't keep passing more things. Let's just add more to the Cal Grant, add more to the Cal Grant and leave behind the core funding, excuse me, strategy that came out of the Cal Grant reform process that was extremely extensive and really focused on the student, not on the institution. So I'm prepared to vote for the bill today. I'm partly signaling my own view and appropriations around these questions. But we have to grapple with that because we're not helping students by passing more bills that we have. And I know the author has done like an amazing effort to try to convince the budget committees and the governor in order to do that. That's still underway. And I'm supportive of that as well. And at the same time, we have to make some choices here about what our priorities are. For me, my first priority is funding Cal Grant reform. This is an important step forward, especially if the ADT piece is completed. But we do need to also do that job as well. So I do appreciate the author's very thoughtful work on this. It is an important issue. It has been for 35 years, and it's important. We also need to put it in the context of our resources and our compelling interest to assure that community college students who are pursuing the associated degree for transfer, with the hope that they might go to Sonoma State or to Cal State LA or whatever, will also have the opportunity to go to Loma Linda and Point Nazarene and everywhere else. That is the essential part of the policy agreement that we have insisted on and I think this bill needs to reinforce that But I voting for it today with the hope that the author can continue to improve the work and to try to account for some of these issues as it goes forward Yeah.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Cabaldon. Are there any other questions? Yes, Senator Trump.

Senator Choisenator

Thank you, Chair. And I will be supporting this measure, which is important. And basically I see that this is raising the maximum Cal Grant A and B tuition from $9,358 to $9,708, which is an increase of $350 per year. And this is only partial of the entire tuition because most of the, especially nonprofit, private universities, tuition is more than this. So I think this is, in fact, keeping up with the all kinds of price increases and the tuition tuition is much higher than this, so this is essential. And then also the other important part is that the portability of this from community colleges to other independent private universities, which makes a question sense for the same person just because the person transfers another higher education, that is blocked and that doesn't make any sense. So based upon that, this is a basic step that we can encourage the students to continue and finish their studying. So for that, I will support that. And at the appropriate time, I would like to make a motion for this bill.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Choi. Are there any other questions or comments? All righty. A few things. and I think Senator Cobaldin started touching on them already. One, I appreciate that I think your legislation, Assemblymember Patel, is highlighting the Associate Degree for Transfer program. I worked at the Campaign for College Opportunity, which helped to pass the legislation by Senator Alex Padilla way back when that created the Associate Degree for Transfer, and we have continued, especially during my time working there, to try to promote it as the preferred pathway and to encourage both not just our CSU system, but also the UC system, as well as our private institutions to utilize it. I recognize that, as Senator Cabaldon noted, there's a number of institutions that do not promote it as the preferred pathway. The analysis notes that there's 32 institutions as of last year that accepted ADTs. There's 80 AICCU institutions in the state. And so we still have work to do. And this is something that we talked a lot about. I know the TV's just shut off. I don't know if they're still recording. I know that this is something that we talked a lot about during my time at the campaign as we were doing research and looking at how we could improve transfer pathways for students across the state. And so that's certainly work that we need to continue to build on. And so I just want to note that that I think that that something that institutionally there needs to be work on In addition to that the need to raise the Cal Grant award is something that I entirely recognize As Senator Cobaldin noted I worked on the Cal Grant equity framework that was signed into law in 2022 with Senator Connie Leyva, who used to chair this committee, and Assemblymember Jose Medina, who used to chair Assembly Education, and was very excited when we got that done. We were told that the funding would be discussed in the previous year in 2023, and now I'm sitting here in 2026 and I'm a senator myself, and it has still not been funded. And so we've also passed other legislation that has come from other members of my house that are excellent bills that are looking to tie the Cal Grant to inflation to try to move the needle on that. That is still, you know, something that needs to be funded. And so, and we've had many conversations with the governor's office about this. So I think the point that Senator Cabaldon raises in terms of trying to make sure that we're not just continuing to pass policy that we're laying on top of one another. And that we're actually sitting down and having a meaningful conversation about funding these things, right? Because ultimately what the goal is, is to get you more dollars as a student. That's what needs to happen. I want for our students that are receiving the ADT to have the dollars that they need to go to school to pay for their housing, to pay for their transportation. And while we've passed bills that have made statements that have said we want to do that, we need to put our money where our mouth is. And I think that that's going to require a real push with whoever our next governor might be. I know we're all watching the votes come in, and, you know, we'll see what happens there. So I'm very supportive of the bill, and I'm very supportive of us increasing the Cal Grant amount. I think that we should continue to encourage our institutions to produce more ADTs. We'd love to see goals that go beyond just trying to exceed our year-over-year goal. I think if I looked at the numbers, it was 2,345 ADTs that were produced overall for all of the AICCU institutions. It would be great to see that number raised even higher come next year. And we should all just try to do what's in the best interest of students. And I think that ultimately, for me as a chair and for the rest of this committee, that's what we're always looking at trying to deliver on. So with that, I will turn it over to you, Assemblymember, to close.

Senator Choisenator

Thank you, Madam Chair and Senators. Senators, I really want to thank your active participation in this bill hearing and the continued partnership and collaboration in making sure that the financial aid that our students receive follows them at whatever accredited institution they choose to take it to. And making sure that they have access and opportunities to university and higher education programs that meet their educational needs and their well-being needs that align with them and their personalities and help them pursue their dreams. As a proud graduate of Occidental College who only was able to attend due to financial aid such as a Cal Grant, merit aid, work study, and everything else included, student loans, I understand the financial burdens that our students face when they choose to attend an institution of higher learning and know that they are committed to making good on that promise of the higher education achievement. And so I offer partnership in looking at Cal Grant reform and making sure that it's funded through appropriations and through the budget process. And look forward to continuing working with you on that pathway for our students With that I respectfully ask an aye vote Thank you Thank you And we do have a motion from Senator Choi

Chair Sasha Renee Perezassemblymember

and that motion for AB402 is due pass to the Senate Appropriations Committee. Secretary, can you call the roll? Senators Perez? Aye. Perez, aye. Ochoa Bogue? Cabaldon? Aye. Cabaldon, aye. Choi? Aye. Choi, aye. Cortese? Aye. Cortese, aye. Gonzalez? Reyes? Aye. Ray is aye. Great. Thank you. And we'll put that bill on call. I know, Assemblymember, you have another bill, AB 2067. If you wanted to get started on presenting that, you may go ahead.

Senator Choisenator

Will do. Once again, good morning, Madam Chair and members. Today I'm happy to present AB 2067 to the committee. This bill will extend the authorization of the competitive selection process to award lease-leaseback contracts for school construction projects to July 1, 2032. Lease-leaseback or LLB contracts provide flexibility to school districts in delivering school construction projects so school districts can spread payments through a lease term rather than funding the full cost of the construction up front. This framework allows schools districts to incorporate pre-construction services into a contract, giving them and especially small school districts, the benefit of expert guidance early in the process. Early collaboration amongst the district architect and contractor has improved constructability, strengthened cost estimation during the design phase, reduced exposure to change orders, which is critical, and enhanced schedule reliability. For school projects constructed on occupied campuses, this delivery method provides greater risk mitigation and budget predictability rather than traditional low bid procurement. AB 2067 would continue to provide school districts with a clear, transparent, and accountable framework for delivering critical school infrastructure projects. By preserving the competitive solicitation process based on best value principles, AB 2067 strengthens fiscal oversight while preserving local flexibility. These contracts continue to preserve quality workmanship, strong safety records, and responsible contracting practices, which are essential to ensuring the delivery of facilities that serve students, educators, and communities. With widespread success for LLB contracts historically, AB 2067 would allow California school districts to deliver high-quality facilities for our students and taxpayers while maintaining strong standards of transparency and fiscal accountability. By extending LLB contracts for school construction, this bill is instrumental to students and school districts. For these reasons, I respectfully ask your aye vote today. And with me to testify today in support of the bill, I have Nancy Espinoza with California Coalition for Adequate School Housing and Melanie Perron on behalf of Associated General Contractors of California.

Senator Choisenator

Good morning, Madam Chair and members. Nancy Chaitis Espinoza, legislative advocate for the Coalition for Adequate School Housing, our state's school facilities advocacy and professional association, and a co-sponsor of this bill. Our members serve our state's 6 million students in over 10,000 TK-12 school facilities. And in order to deliver new and modernized facilities that our students and educators deserve, we need the ability to use the construction delivery process that AB 2067 would continue to authorize. lease leaseback is often the best method to deliver new education facilities, sports fields, pools, performing arts centers. It is essential to the success of complex modernization projects needed for our schools to meet the needs of current and future students. The competitive selection provisions of lease-leaseback, which this bill would extend, comprise a framework that ensures transparency and accountability to the public, to taxpayers, and protects all parties. Specifically, they allow school districts to incorporate pre-construction service into the contract, giving them, and especially small school districts, the benefit of expert guidance early in the process. Allows us to control costs by reducing the need for change orders throughout the construction period. Requires full disclosure of pricing in an open meeting of the school district governing board. Preserves skilled and trained labor requirements and upholds protection for subcontractors, subcontractors, which my colleague, I'm sure, can elaborate on. The bill, most importantly, would maintain a tool that school districts need to ensure that they can deliver projects on time and under budget. For these reasons, we thank the Assemblymember for her leadership on the issue

Jack Worsonwitness

and respectfully request an aye vote. Good morning, Chair and members. Melanie Perrin here on behalf of the Associate at General Contractors of California as a co-sponsor of AB 2067. AGC has been around for over 100 years, representing over 800 contractors statewide. In fact, we're the only statewide organization representing contractors. While this bill is merely just a sunset extension bill, for us it's critically important. In addition to what was said by our author and my colleague sitting next to me, I want to talk about the fact of what's absolutely important for us is the legal certainty this bill provides and the stability in school construction delivery and the financial tool this also provides us a success for both our school districts and for our contractors. For years, contractors have operated under significant legal uncertainty around lease leaseback 10, 15 years ago. There's been conflicting court decisions that created real risk for both our districts and builders. Even after the legislature clarified this law, the construction industry remembers how destabilizing this period was and the lawsuits that they faced and the concerns of engaging in this type of delivery method. AB 2067 ensures that we do not return to that uncertainty. It keeps a clear, predictable statutory authority in place, so contractors can responsibly bid, plan, and deliver projects without fear that the delivery method will suddenly be questioned or expired or have to face more legal concerns. That stability is essential. As contractors, we commit bonding capacity, workforce, equipment, and capital months or years in advance of these projects. We cannot make those commitments when the legal framework is unstable. AB 2067 preserves this pathway, and we respectfully ask for your aye vote. Thank you for your presentation.

Chair Sasha Renee Perezassemblymember

We'll now hear witnesses in support. If you could use the mic at the railing.

Senator Choisenator

Good morning. Jennifer Baker, on behalf of the San Benito High School District, in support. Good morning. Sasha Horwitz, Los Angeles Unified School District, in support. Megan Baer, on behalf of the Oakland Unified School District, in support. Thank you. Sarah Petrowski, on behalf of the California Association of School Business Officials, in support. Jalen Woodard, with the Alameda County Office of Education, in support. Marissa Dismore, on behalf of the California School Boards Association, in support.

Chair Sasha Renee Perezassemblymember

Excellent Anybody else Alrighty We will now hear any witnesses in opposition if there are any Any witnesses in opposition Seeing nobody rising, I'll turn it back to the committee. Do any committee members have comments or questions? Yes, Senator Gomez-Reyes.

Senator Choisenator

I'm not sure if you have the answer, but how often is this LLB project delivery method used? You know, I don't have an exact answer on that.

Senator Choisenator

I know in the school district where I was a school board trustee for eight years, we did use it after things got clarified in state law because it was very tricky for us prior to that. But maybe my witnesses have a response for you.

Senator Choisenator

We endeavored to get that data. We don't have a reliable number for you. Just an anecdotal kind of polling of our members, some said that they thought maybe 30 percent of their projects were. Some said in some regions of the state, for example, Southern California, it might even be above 50 percent. So that's the best I have now.

Senator Choisenator

I know recently we passed legislation here in this committee to allow for best value procurement for community colleges. It was already allowed for K-12, UCs, and CSUs. How often is that used, the best value procurement?

Senator Choisenator

I don't have that information either, unfortunately.

Senator Choisenator

I don't know in your experience.

Senator Choisenator

Sure, Senator. I don't have those numbers off right here, but I'm happy to follow up with your office to provide more information because there's several different delivery methods that are used for school projects and construction statewide, best value being one of them, lease-lease back, job order contracting, design build, progressive design build. There's a whole host. So there's different methods that are used and more that are newer than your traditional low bid than going to design build that has a long history here in the state.

Senator Choisenator

And my final question is, does this provide for cost savings as opposed to, of course, the more traditional method? But when it was lowest bid, that always is a problem because of all the change orders. But with the best value procurement process versus the lease-leaseback, is there a cost savings? Is that why it's preferred?

Senator Choisenator

So each owner of a public project will have to make a determination of why they think it's the best delivery method. When I think about what this bill is doing, it is really a financial tool when we think about school districts not having to have the capital available up front to have to go and have these projects built. They're able to go and lease to a contractor at a low amount. That contractor builds on that property and then does a lease back over time. So that actually provides more fiscal sustainability for those school districts. Best value also serves its purpose in other arenas, but again, those are the public owner's determinations of what's available, and cash flow certainly I think would be a conversation that school districts would be having with this authority, that that gives them more leverage. It also brings us in earlier in that process, too, because of how this procurement works, just like a best value. So it does provide cost savings, I would say, generally across the board, when you're able to have those contractors who have expertise, who have shown and won those bids, to be able to step up and work with the public entity and go and deliver those projects. So happy to work with your office to get you more information. But generally, contractors as a whole, we really do support alternative delivery methods because it does help us in seeing those cost savings, not having those change orders happen all the time.

Senator Choisenator

I did say that was my last question, but I did have one follow-up. Is this method available also for community colleges, UCs, and CSUs? This bill in particular is for the TK system but I not as familiar with community colleges I don know that we do lease on community college campuses I don believe we do This is a tool that been more very focused in this arena and again happy to follow up with your office

Senator Choisenator

Thank you. I'd love to get more information.

Chair Sasha Renee Perezassemblymember

Thank you. Thank you. I'm Adam Chair. Thank you, Senator Gomez-Reyes. Do you have any other questions or comments? Senator Choi.

Senator Choisenator

Thank you. I would like to know what this means, because your bill requires entities and subcontractors to use, in quotation, skilled and trained workforce. That sounds like to utilize only union members in construction. If that is the case, this ultimately will restrict with whom the school district may contract with and who may be on the project, meaning that you are excluding general independent contractors. There have to be a specified group that selectively, that's what you call is, which is not well defined here as skilled and trained workforce. So doesn't it, do you think this is a fair practice?

Senator Choisenator

So I appreciate the question. And just to clarify and provide some background, this doesn't change anything currently in existence, only extends the current provisions through the sunset period. So the current processes that are used for hiring workers will stay in place through the extension of the sunset. But perhaps my witnesses would like to offer any further comments to that.

Senator Choisenator

Sure. For skilled and trained, as the author stated, the skilled and trained workforce provisions were built in over 10 years ago into statute for this type of delivery method. It does set forth requirements of the workforce that can be used on these projects, as you were asking. MR. To me, this is kind of unfair feeling to me. It's specifying a certain group of contractors who can apply for the contract bidding. And the overwhelming number of school districts are in support of this measure at the same time. And that has been, I guess, a practice that simply this is trying to extend the sunset period to 2032. So it's troubling me at the same time, puzzling why this method, which appeared to be a little bit unfair to me, but it's practiced and all embraced by so many school districts.

Senator Choisenator

I think school districts are looking for some stability in their construction projects. LEAs face so many challenges right now with all kinds of changing regulatory landscapes that they're just looking for a way to build and have appropriate school housing for their students. And this is one more tool in their toolbox to help them provide high-quality learning environments for their students in a way that's responsible to taxpayer investments in public education. And while we're not touching that component, the labor component of the bill, we're just extending the sunset, I think it's very critical at this time with so many construction projects coming forward with schools aging that we get this stability in place now and perhaps at a future date you can address that with a different piece of policy Thank you.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Choi. Senator Cabaldon?

Senator Choisenator

Yeah, I just wanted to also engage in this issue in terms of the skilled and trained and the other elements. I very much appreciate that the author and the two sponsors have kept this bill just about the sunset. I'm sure there are lots of folks that came and said, hey, could you change this thing over here? What about this? Or could you tip the scales unskilled and trained one way or the other? And the discipline necessary in order to just bring us a clean sunset extension, for me, is appreciated because we've had lots of debates about these issues. All this bill does is extend one of the many, many existing tools that are available for project delivery. And school districts, both the author and the chair and I all serve on the state allocation board. I think we understand very clearly the challenges both of cash but also making sure that given limited dollars that we're delivering the most efficiently and the most effectively. And that's going to vary by situation, by funding source, by project type, by region, like all kinds of stuff. And so school districts need to have as many proven tools in order for that to be viable. And so this bill doesn't require any school district to do this. The bill doesn't require any school district to use skilled and trained or to not use skilled and traded. it to simply make sure that one of the tools in the box that is proven and has broad support among the school construction community is viable and can continue, and that folks can make use of the education bond proceeds that the voters approved, and we can actually deliver the projects effectively because school districts and their partners are able to do so. So I'm supportive of the bill and appreciate the author's work to make sure that this doesn't open up a can of worms, but simply says, let's keep this tool in the box so school districts can deliver what the voters voted for in the last election. Thanks so much, Madam Chair.

Chair Sasha Renee Perezassemblymember

Senator Cho Boak.

Senator Choisenator

Thank you. So welcome. It's a pleasure to have you here in committee. So I understand that this is just an extension of a sunset bill, but I think it's important to note that, you know, when you're extending a system, you're saying it's okay as per everything that's already in place moving forward, right? We're saying, okay, this all works and we're going to move it forward. But I won't be able to support the bill today, and I'm not going to support the bill today or won't be able to support the bill today because of the skilled and trained component in there. One of the concerns that I've expressed previously in this committee and on the Senate floor with in other areas is I'm trying to be as consistent as I can with bills that limit the opportunities for for all contractors that have followed the law and are licensed in our state to be able to work in our state. We you know this body has continuously advocated for opportunity for all and they've always advocated for you know protecting jobs. And I'm extremely concerned that with anything that has a skilled and trained component, because of some areas such as maybe steel construction, per se, don't have the ability to have apprenticeship programs that are for merit jobs, for instance. And so what happens is that with anything that has a skilled and trained component, what most people in school districts and people that are not in construction don't know is that when you have a skilled entering component in bills, it means that you're excluding about 80% of contractors in the state of California. And when we're talking about the economy, when we're talking about our state and workforce in the state, we're trying to give everybody an opportunity, a shot at working. We fall into a place where, unbeknownst to most legislators, unbeknownst to most school board members who are making these decisions to support such bills, is that they don't know that they're excluding so many contractors and workers from our state, the majority of contractors in our state. And so that's why I feel so passionately about speaking and really informing the public about where we stand and what we're doing when we're including this. And although this is just extending the sunset, I get it, but it has that component that is excluding 80 percent according to the Black Chamber of Commerce data and statistics. So I think it's important to note that. So that's why I won't be able to support the bill. But I completely understand that you're just extending what current statute is or code. And I understand that. But I feel passionately about just explaining why that is the case. And I think that the more we educate and inform the public about the nuances that happen when we're doing this, I think I'm hoping that we will, you know, redirect what we're doing in our state. So with that, I won't I respectfully won't be able to support the bill today.

Chair Sasha Renee Perezassemblymember

Yep. Thank you, Senator Ochoa Boak. Yes. Senator Gomez Reyes.

Senator Choisenator

This issue comes up a lot about skilled and trained, and it is important to educate people. I have talked about this in the past. Section 2601 of the Public Contracts Code. define skilled and trained workforce as one that meets the following. And it's in code. It isn't something that we have created here. All the workers performing work on an apprenticeable occupation, in building construction trades for which the Division of Apprenticeship Standards has an apprenticeship program, they have to actually go through the program. They have to be certified. It has to be clear that they are qualified to be on this job. I have had conversations with others about they say, well, but for this particular trade, there isn't an apprenticeship program. Well, then we need to work on getting an apprenticeship program. But if the building trades jobs already have an apprenticeship program through the state of California, you have to go through the hours. You have to be under a journey person who's going to make sure that you understand the job that you are doing. And I think it is important that the public be educated about what skilled and trained is. It doesn't necessarily mean just a union job, but it just so happens that if you're part of a union, they take great pride in making sure that you will have the proper training. But it isn't only union jobs. And I thank my friends from the building trades because the issue has come up in some of our other bills, and they have provided the information. And I know that they are here present. Madam President, if you'd like to have a comment from the building trades, which I think would be appropriate in light of two comments from two of our colleagues.

Chair Sasha Renee Perezassemblymember

Certainly. I mean, if the building trades would like to make comment. I also I just want to highlight as we're having discussion and I'm happy to let members speak twice, but there is no opposition to this bill. And so if you would like very briefly to speak at the railing Thank you for the opportunity Madam Chair and members Mike West with the State Building and Construction Trades Council of California I completely agree with everything that the Senator had to say

Senator Choisenator

but I would like to make one comment. In addition to having copies of what I'm about to read to you and public contract code, which I'm happy to pass out to the committee, a skilled journey person must have graduated from a Department of Apprenticeship Standards state-approved apprenticeship program or have at least as many hours of on-the-job experience as required to graduate. So on your question, anybody that has an equivalent number of hours in their trade do qualify under skilled and trained and can be on the job under the skilled and trained statute. Thank you.

Chair Sasha Renee Perezassemblymember

Yes, Senator Chauvaboke.

Senator Cabaldonsenator

show a vote. So we're going to open this door. So it wasn't my plan to ask so many questions on this particular bill, but now that we have sources on there. So questions, if I may, through the chair through the witness that just spoke. Yes. So now that we have you here, we might as well just open it up and It wasn't my plan, but, you know, it's here. So question, or I can hold it off until next, but, you know, my colleague brought you up, so I might as well just ask the questions now. So curious, when it comes to the apprenticeship programs in the state of California, you know, I understand that you said, you know, the equivalent number of hours for someone who has worked in the field. When it comes to the contractors themselves, a couple of questions. One, do the apprentices automatically become or are compelled or encouraged to become members of the union that they are representing or are sponsoring the apprenticeship program in those particular fields? There's no requirement for them to join the union when they've graduated from, say, an open shop. An apprenticeship program.

Senator Choisenator

That's right.

Senator Cabaldonsenator

A licensed apprenticeship program.

Senator Choisenator

There are both open shop and union Department of Apprenticeship Standards apprenticeship programs in the state of California.

Senator Cabaldonsenator

But labor-sponsored or union-sponsored apprenticeship programs, are they required to join the union after they graduate from the – not required, but compelled to join the union?

Senator Choisenator

If they are a part of a union apprenticeship program, they're already members of the union. They're already members.

Senator Cabaldonsenator

That's right. Okay. So they're already members of that. So for the contractors that hire, that are merit shops or non-labor union companies, right, when they are in the field for the skilled and trained component, are they able to bid on these jobs? And what are the requirements if they are allowed to bid on these jobs?

Senator Choisenator

They are absolutely allowed to bid on these jobs, and there is a process through the Department of Apprenticeship Standards called DAS 140 and 142, where they can request apprentices from the union programs to come and work for the merit shops under current law. As a matter of fact, when they are awarded a public works project, they have to submit the 140 form to the DAS, identifying that they have received an award of that project And then if they like to they can receive the same composite rate as the union shops by employing apprentices that are part of an open shop recognized apprenticeship program or union apprenticeship program. So the answer is yes. Yes. Okay. Are you, so in order to

Senator Cabaldonsenator

bid on some of these jobs with the apprenticeship programs that are, that are required with the skilled and trained, are you or these merit shops, non-union labored contracting companies, are they required to pay into the retirement plans of the project or the unions?

Senator Choisenator

No, those apprentices, so if, let me put this correctly, because I want to make sure and answer this properly. If an apprentice goes to work for a merit shop that is a part of a union apprenticeship program, they get those benefits paid to them, the fringe benefits on the check. They're not paid into that. If they're if they're members of that marriage of that apprenticeship

Senator Cabaldonsenator

labor union group. That's right. Okay. But if they're not, the point I'm trying to make is that if these merit shops, if these contractors are not members of the apprenticeship, but they are required in order to bid for these jobs, they're required to pay twice for retirement plans, right?

Senator Choisenator

They're supposed to, the own merit shops, the non-union, are supposed to pay into their employees' retirement system in addition to paying into the union representing that shop retirement system, in which now they're paying into two systems on there.

Senator Cabaldonsenator

The point that I'm trying to make is that in order to have their members partake of that retirement system that they're paying the second one into the union, they don't get that back because they have to be vested about five years before they're able to pull from that retirement system. So what happens is when these not these merit shops non-union contractors Are bidding for some of these jobs? They have to it cost them More to be able to bid on this job kind of Decentivizing them from actually being able to bid on this jobs number two I'm not sure if you're familiar but sometimes when you are not a member of the of the union group of that particular construction site what happens is that you're required if you want to take a bid be able to bid be able to work on these shops you hire or you request these apprentice apprentices that are union they come into the shop and then what has happened and there's history of this and I can I can give you data and examples of this but what happens is that now we have these contractors that are subjected to lawsuits, which in the examples that I can give you, they end up winning at the very end, but they're subjected to that. And so it's almost like a Trojan horse coming into these merit shops. And so that's why it also desensitizes companies from going into that.

Chair Sasha Renee Perezassemblymember

So Senator Cho Bogue, I want to be respectful in allowing you to be able to ask the representative questions, because I know that Senator Gomez Reyes had also requested that he come up to speak. I do also want to highlight that we have 16 bills on today's agenda. The Assembly has sent us double the amount of bills that they sent us last year so we going to be very busy this season And so if you wouldn mind just wrapping up your story I would appreciate it just for timeliness sake I know we have two authors in the room Absolutely So we can continue this conversation off record and I can continue making the points that I'm making moving forward on that end. But I respect the sunset bill, completely respected, but I did feel compelled to make those points. And we'll be happy to meet with you in my office and continue these conversations and explain to you the ongoing concerns that I've seen in the field in real life on what's happening in our state of California.

Senator Cabaldonsenator

I would appreciate the meeting. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you. Seeing as we have no other comments or questions from committee members, Assemblymember, I'll have you close.

Senator Choisenator

Thank you, Madam Chair and members. As I stated in my introduction, this is simply a sunset extension and does not attempt to address all the challenges in school construction. But it does attempt to continue to provide our LEAs with tools in their toolbox to build beautiful learning environments for their students. With that, I respectfully ask for your aye vote. Thank you.

Chair Sasha Renee Perezassemblymember

And do we have a motion on the bill? We have a motion from Senator Gomez Reyes. And the motion for 2067 is due pass. Secretary, can you please call the roll? Senators Perez. Aye. Perez, aye. Ochoa Bogh. No. Ochoa Bogh, no. Cabaldon. Aye. Cabaldon, aye. Choi. Aye. Choi, aye. Cortese. Aye. Cortese, aye. Gonzalez. Reyes. Aye. Reyes, aye. And we will put that bill on call. Thank you so much, Assemblymember Patel. I see we have Assemblymember Rogers, who has been here waiting. So I'm not sure. You're fine with Assemblymember Alvarez going first? Okay, Assemblymember Alvarez. We will go ahead and have you. I will let you both decide. All righty. And Assemblymember Alvarez, I know you have two bills. Well, one is on consent, so please feel free to get started whenever you're ready.

Senator Choisenator

Thank you, Madam Chair. Senators, good morning. Thank you for the opportunity to present AB 1204. and want to thank your committee for the analysis and the work done to date on the bill. AB 1204 introduces essential reforms to California's local control funding formula. It's a formula that we use to fund our schools. And our goal here is to address the diverse needs of vulnerable student populations while acknowledging that costs in different regions are, there's disparities, and that there are inflationary pressures that happen on a regular basis in our school districts that are not being captured by today's formula. So while California has made progress toward education equity through the LCFF a little over 10 years ago, there are still significant gaps that remain. One major gap is the 55% threshold for concentration grants. Districts that fall just under the line of the 55% often still serve deeply disadvantaged communities and students who have a lot of needs, but unfortunately they do not qualify for that extra support that others do. And even though districts do qualify, a 20% supplemental grant is not enough to meet the needs that our students are demanding these days. At the same time, regional cost differences are ignored, and the current formula and annual inflation adjustments have not kept up with pace, causing districts to lose purchasing power year after year. I think you see some of that being reflected in the May revise, where the COLA has now increased beyond the statutory COLA. So this bill increases supplemental grants, introduces regional cost adjustments by the year 2030, and guarantees a 4% minimum annual inflation adjustment to help the Districts keep pace with the real cost that are rising all the time. This comes with a phase implementation over the course of five years, and it ensures a smooth transition as funding aligns with the actual cost of educating students. Thank you, Madam Chair. I'd like to now turn it over to our witnesses.

Senator Choisenator

All right. Is this on? Okay, yes. Good morning, Chair and members. I'm Dr. Sierra Cook, the Director of Government Relations for the San Diego Unified School District. Thank you for the opportunity to share our strong support today for AB 1204, which strengthens the Local Control Funding Formula, or LCFF, while upholding its core principles of equity, accountability, and local control. A little background on our district. We serve almost 95,000 students. 20% of those students have disabilities. 15% are English learners speaking over 60 different languages. 58% are low income and 9% are experiencing homelessness, a number which we've seen rise every year. Over the last 13 years, the LCFF has allowed us to maximize resources and meaningfully engage in our community through the LCAP process, leading to positive outcomes for our students. However, while the LCFF has contributed to our progress towards closing achievement gaps, persistent issues of equity and adequacy remain. Primary among these is that the current funding formula does not take into account regional cost differences and their impact on the cost of staffing, operations, and student needs. In San Diego, the high cost of living puts enormous strain on our families and on our operations. The threshold to count as low income under the current funding formula is $60,000 for a family of four. In San Diego, the definition of low income for the purpose of housing by the Department of Housing and Community Development is $140,000, more than double the LCFF threshold. As a result, many of our families living at or near poverty aren't counted in the current formula and don't receive additional support through the funding formula. AB 1204 gets at this issue by adding a regional cost adjustment to the LCFF COLA to reflect regional needs. It also makes other equity-focused research-driven updates, including adjustments to the supplemental and concentration grant and setting a minimum floor for COLA. Importantly, AB 1204 includes a hold harmless to ensure that no districts will lose funding as we shift to a more effective formula. These proposals reflect California's economic realities and better align resources with the needs that our families and districts are experiencing. This concludes my testimony.

Chair Sasha Renee Perezassemblymember

Okay.

Senator Choisenator

Good morning, Chair Perez and members of the committee. My name is Rachel Ruffalo. I'm Deputy Director of Strategic Advocacy at EdTrust West, a data-driven advocacy organization committed to dismantling the racial and economic barriers embedded in California's education system. California stands at a critical crossroads in its approach to education funding. Since the hallmark passage of Prop 30 and the enactment of the local control funding formula, funding for public education in California has significantly increased. But we still see students' academic achievement either stagnate or improve at too slow a pace, especially for students furthest from opportunity. After more than a decade of LCFF, the research is clear. The formula holds undeniable promise, but falls short of sufficiently resourcing students of color, multilingual learners, and those from low-income backgrounds. AB 1204 makes meaningful progress towards refining our state school funding formula in several ways Unhoused students who are disproportionately students of color face the steepest barriers to learning and their addition to the state's definition of unduplicated pupils ensures schools are more adequately resourced to meet their unique needs. Increasing supplemental grant funding and expanding concentration grant eligibility, plus the introduction of regional cost adjustments, will direct critical resources to districts serving high but previously unrecognized levels of student need. And lastly, the establishment of a minimum COLA is an important step towards ensuring funding keeps pace with rising costs at a time when schools face mounting cost pressures and instability. Together, the changes proposed in this bill move our state closer to a funding system that is more equitable and more responsive to meeting the needs of students furthest from opportunity. We proudly support AB 1204 and thank Assemblymember Alvarez for introducing this measure. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. We'll now hear from any other support witnesses that are in the room. Please use the mic at the railing.

Senator Choisenator

Megan Baer on behalf of the Oakland Unified School District in support. Thank you. Sasha Horwitz on behalf of Los Angeles Unified School District in support. Good morning, Sarah Batches with Children Now in support. Rachel Murphy with Public Advocates in support. Xavier Maltese with the Charter Schools Association in support.

Chair Sasha Renee Perezassemblymember

Excellent. Anybody else? Seeing no one else rising, we'll now move on to witnesses in opposition. If we have any witnesses in opposition, please come forward. Oh, no, you can just move over one seat. Yeah. And you can begin whenever you're ready.

Senator Choisenator

Good morning, Chair and members. My name is David Roth. I am the superintendent for the Buckeye Union School District and the founder of the Raise the Base Coalition. The Raise the Base Coalition consists of nearly 60 school districts serving over 350,000 students. When the LCFF was adopted, only about five school districts were statistically underfunded. Today, that number has grown to more than one-third of California's districts, serving over 1.2 million students. Nearly 400,000 of these students are in districts your committee's members represent. While Assemblymember Alvarez's intent to raise public school funding through AB 1204 is genuinely appreciated, many of our member districts oppose one of its most significant mechanisms, the proposed adjustments to the supplemental and concentration grants. First, these adjustments would severely diminish the funds available to raise base funding for all districts, including the most underfunded. Second, they would cause more extreme funding disparities across the state. And third, where is the evidence that the current supplemental and concentration grants have meaningfully improved outcomes? programs. Why would we expect that adding more dollars to these grants would produce a different result New investments in public education must be financially sustainable and directed in ways that strengthen all districts while continuing to prioritize the highest students The Raise the Base Coalition believes improving the LCFF-based grants remains the best strategy for fiscal sustainability, positive outcomes, and equity in California's public schools. We respectfully request you oppose AB 1204. Thank you. Good morning, Chair and members. My name is Maurice Geisel, Superintendent of Pleasanton Unified School District. Pleasanton Unified is one of 219 California school districts identified as underfunded, receiving less funding per student than the state median. We are concerned that AB 1204 would make that disparity even greater. It directs a large share of future funding growth away from the LCFF base and supports every student. That supports every student across California. In recent years, the contribution of low funding, the declining enrollment situation we face, and rising costs has created significant fiscal challenges for districts like ours. In Pleasanton Unified, we are now going through our third consecutive year of budget reductions. We have laid off scores of teachers, reduced counseling services, and cut many valued student programs, including science and PE in our elementary schools. This bill would further jeopardize our ability to provide students with a quality education that they deserve. And we are not alone. Similar stories are playing out in school districts across California as rising costs and declining enrollment continue to strain the budgets of the districts that are already underfunded. We agree. We agree that students need more funding and we support additional funding for higher need students. The solution, however, is not to widen existing funding disparities, but to strengthen the LCFS base grant that supports every classroom. I came out of retirement two years ago to be the interim superintendent, which I thought would be just a couple of months. It's been two years now. I cannot leave. I started public education as a high school teacher on the heels of Prop 13. I've experienced business cycles. I've experienced the Great Recession, and the list goes on and on. I have never seen anything that has systematically dismantled public education funding as much as the erosion of what's going on based on declining enrollment and the disparity. We have to raise the base. We're dismantling Pleasant and Unified along with almost a third of our public schools. This is not a tradeoff to equity. This is about all students. Please raise the base. And I do want to thank Mr. Alvarez for his advocacy also. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. We'll now hear from additional witnesses in opposition. If you could please use the mic at the railing. Your name, organization, position on the bill.

Senator Choisenator

Sarah Petrowski on behalf of the California Association of School Business Officials and the California School Boards Association. We have an opposed unless amended position. We think there are some elements of the bill that are wonderful and we want to have further discussions on others. Thank you. Lucy Salcido with the Alameda County Office of Education We align our position with CASBO and CSBA Jim Shoemake, Superintendent Rescue Union School District, opposed. Evan Branning, President of the Association of Pleasanton Teachers and also representing CSEA Chapter 155. While we feel the bill is very well-meaning, we also oppose unless majorly amended. Mary Jo Carriana, teacher of 30 years and I'm serving on the school board as a trustee and I'm opposed to this measure. Thank you. Shyamali Makaran, parent of Pleasanton Unified School District students and I oppose. President of the school board of Pleasanton and an educator for over 30 years teaching in Fremont, opposed. Ron Tanikawa, Livermore Educators Association Special

Chair Sasha Renee Perezassemblymember

Ed Rep at Large, and I'm opposed to this bill. Anybody else in opposition? Seeing nobody getting up, I'll now turn it back to committee members. Do you have questions or comments from the committee? Senator Choi?

Senator Cabaldonsenator

I have some big concern about the LCFF from the fact that I come from Orange County City of Irvine and I started my political career as a school board member. That district has been struggling over 30 years until now because of LCFF unfair allocation of for student funding for the school district. For example, in comparison to the neighboring school district which is Newport Mesa Unified, that district is on basic aid formula, whereas IUSD of Unified is on non-basic aid. And as a result, the actual funding per pupil is that while Newport Mesa just paid $7,000 $17,521.81 per student, and Irvine Unified students will get only $10,342.91. The disparity, the difference comes out to be $7,178.90 per pupil. And this is one example of many, many school districts in non-basic aid funding formula. And I wonder if this bill will benefit this school districts in non-basic LCFF formula funding mechanism. Thank you.

Senator Choisenator

So I would say the answer would be yes, but it depends on your district and what the population they're serving. Just to remind us all, basic aid districts means they have plenty of tax dollars being created in their own community that they don't need funding from the state. And so your basic aid districts will always have more funding per student than your non-basic aid districts in your communities. And that is a disparity that's quite obvious. When we went from prior to LCFF to now LCFF, we have seen that there have been gains across the board, whether you look at the 2021 PPIC report, the 2025 LPI report, of which we had an extensive hearing, joint hearing, about a year and a half ago. So, you know, the testimony in opposition said there's no evidence, and yet we have seen two very reputable pieces of evidence showing that this much more equitable process through LCFF has been better for students that are more marginalized. And so I don't know the demographics of your Irvine community district, the district in Irvine, But if they, for example, were to have more students who are English learners or who are lower income, or if they're on the verge of the threshold that we are changing from 55 percent to 45 percent, they may see more resources going to them. And so it really depends on your student population, which I would not be able to tell you on the spot, but we could probably figure that out. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you. Senator Cabaldon.

Senator Cabaldonsenator

Thank you, Madam Chair. So I want to also emphasize on this bill that some folks have said in their private meetings with my office that, you know, it's just all good stuff and deal with the fiscal part and appropriations. I just want to emphasize, particularly when it comes to Proposition 98 spending, there are no other, there's no competition with any other part of the budget. So in some sense, this committee is the suspense file for Proposition 98, and so it deserves our full attention. I have, I think, just one technical question, and that is with respect to now that the bill doesn't specifically tackle the unduplicated student issue, which I hope, even though I just did it, I hope we don't take a definition that we need for the statute just to make a funding formula work and actually keep calling people unduplicated students as though that exists as a category in life. It's, you know, as a way to refer to folks who are learning English or don't have enough money to eat or are homeless or are experiencing foster youth. It's an extremely antiseptic way to refer to them. But that aside for a moment, do we have any sense of how many – so this bill adds homelessness, but without the provision, the changes that were in the original version around double counting and triple counting, what percentage of homeless students do we imagine are not qualifying today for free and reduced-price lunch?

Senator Choisenator

I don't have a number for you on that. I'd definitely get back to you on that. But you're right in that there's been iterations of this as a result of conversations. And so I'm certainly interested in some of the concerns that were raised here today. But I will have to go back to you on that.

Senator Cabaldonsenator

Okay. May I ask because, I mean, intuitively, and I don't want to pretend to have data that I don't have, it seems unlikely that a significant number of homeless students are not going to be able to demonstrate their eligibility for free and reduced price lunch And so you know evaluating that because part of the you know any of these funding formula changes is a balloon And some, you know, there's winners and losers and trying to figure it out. And what's the overall equity implications? And one of the areas where it seemed like a clear equity win was potentially benefiting homeless students. But it's not clear to me that the bill accomplishes that. It would have been its original version, but it would not now, given that it's highly likely that most homeless students either qualify for free and reduced price lunch or foster youth. So that, you know, I was here for LCFF. I was here for almost everything at some point. And I'm struggling here because it seems like a very substantial rewrite of LCFF, but without the research-based or the broad-based coalition that produced that. Now, that process took like a decade plus, depending on how you count, maybe two decades. So we certainly don't have the time to be doing that. But I am a bit concerned about just the stakeholders that are involved here because each of these is going to have impacts, very real impacts in terms of school funding and our priorities that we don't have the academic research or the stakeholder engagement that produced that, in addition to the political leadership that the governor had on LCFF, in which Mr. Alvarez is doing today, that those are kind of important, given the scale of the rewrite that's proposed here. I also understand we're here in part because, and I just want to call this out, because the Proposition 98, we expect to have essentially more money per student over many, many, many years because enrollment is declining, that continued declines overall in enrollment are going to continue. State revenues are continued to rise, not enough to pay for the rest of our budget to continue to rise. And so the formula will be the Constitution will continue to produce funding increases for K-12 while enrollment's declining. That is poses all kinds of challenges at the local level, but for the state it's actually an incredibly important opportunity For us to say what it what should we be investing in what should our? Education finance system look like to meet them meet the needs in the moment Particularly given the some of the challenges from artificial intelligence But how do we meet that moment given that we have resources? And so that's but that's a policy opportunity for the entire state government to engage in with all of our with you know with communities and with others. And so I guess part of my hesitation here is I want to be careful about sort of eating up all of those dollars now without having the broader conversation about what are we trying to accomplish here now that we may have some dollars finally to invest. And I find the increase the base argument is very compelling, but so is many of the provisions of this bill. But those are central, like existential questions about what our strategy around K-12 finance is going to be. So that feels to me somewhat premature because this bill, you know, by – might I get for San Diego? This is a plus, right? It's the coastal – it's the regional cost differences which will advantage parts of the state, including San Diego. And the change in the concentration grant threshold will also. But that and but then OK, but how does that relate to its impacts everywhere else and where if we have an incremental amount of money, where should that go? And it not so clear to me that that that that that should be you know these specific pieces as opposed to others In my own district we have several several school districts even a couple that are basic aid but they basic aid by like per student maybe $1,000 per student, but they're not like brimming with money in Calistoga, which has an 80% concentration threshold, 80% in Calistoga,

Chair Sasha Renee Perezassemblymember

but they are basic aid by a little bit. So they're clear losers, but we've sort of consigned them to, well, you're on your own because you have enough property tax. Well, if they were in LCFF in full, they would be getting a lot more resources. So I'm not suggesting the bill be amended to fund Calistoga. What I am saying is that these are some very big changes that do deserve, you know, info hearings and a lot more collaboration from my point of view. I think the other challenge for me is the COLA because, you know, I think one of the witnesses, you know, this bill represents kind of California's economic reality. but California's economic reality isn't 4% forever on LCFF. I mean, that's, as an appropriations committee, I can't imagine voting for that, that sort of ratchet over time combined with some of the other provisions of the bill. But that in specific just doesn't feel like a serious budgeting technique. And I know I'm in the presence of the two most important education budgeters, the three in the legislature. But it's hard to justify as we're making cuts to everything else, health clinics and everything else, that we say that no matter what inflation is, even if inflation were to go down and we had a deflationary environment, we're still going to guarantee 4 percent every year. That is deeply concerning to me as a fiscal proposition to create a ratchet of that scale. I mean, that doesn't take very long for funding to double at a 4 percent guaranteed annual increase. And so I'm struggling with it from a policy basis, a process basis, and a fiscal basis. I don't have a specific question. I'm certainly looking forward. I haven't made up my mind on the bill itself, but I'm looking forward to the author's close to see if there's something I'm missing here or how the bill might be evolving in a way that would address some of these concerns about fiscal policy, fiscal responsibility around the broad-based, you know, kind of agreement or at least, you know, consultation and engagement of the both stakeholders, not just within K-2L, but in the state government as well. And then some of these issues around how are we assuring that, you know, a broader range of the needs and the opportunities that we have to meet them are addressed, not only those that are going to, for the high-cost districts that are right on the edge of that concentration fiscal cliff that the author has so eloquently described. So thanks, Madam Chair. I look forward to the colleagues' comments. Great. Any other comments or questions from other members? Alrighty. A couple of things. I know Assemblymember Alvarez, you've talked a little bit about this bill already and about the local control funding formula more largely a very long time ago, and Governor Jerry Brown was still here, and I was working at the time for the California Endowment and engaged a lot on the LCFF. And it was a very important piece of policy at that time. And I think the intentionality was to try to make sure that our schools were being equitably funded. I certainly think that it deserves some revisiting, as we've discussed. I know that there are a number of things that you're exploring in this bill. You know, I appreciate wanting to call out the challenges that students may be facing, right, with poverty, homelessness. I know originally the bill was looking at basically counting those students twice and giving them some additional funding And I know that that was that portion of the bill was amended out I did think that that was necessary just to recognize some of the overlapping issues that our students are facing and the additional supports that our local education institutions need to provide them Your bill suggests lowering the concentration grant threshold from 55% to 45%. And while I understand what you're trying to do, I also could foresee a situation where that's not getting rid of the fiscal cliff, but simply just adjusting where the fiscal cliff is and creating new challenges so then who ends up being in that situation. And so I want to call that out as well. I'll hear from the folks that have raised concerns about raising the base. And I know that we've had COLA increases for the base every single year. And as the analysis notes, I think we've almost doubled that since, what is it, 2017, but can understand that there needs to be more largely this conversation, right, about the funding around Prop 98. And I think that that's overall the desire that we want to have here. and updating the local control funding formula, especially as we continue to see districts navigating declining enrollment and facing other fiscal challenges, whether it's with AB 218 cases and other major challenges that our districts are facing. So as I've told you, Assemblymember Alvarez will be supporting the bill. I think it's part of a more larger discussion that we need to have, both with our education partners, as well as with other leaders in the space as we kind of figure out what is going to be largely our solutions to these challenges. And as Senator noted, we are both the budget subchairs on this issue in both our houses, too, so know that we'll continue to have conversations there as well as our local education institutions continue to navigate these new challenges. So with that being said, appreciate the direction you're going with this bill, how you're trying to address and solve some of these challenges. I think it's part of a larger discussion, and we'll be supporting the bill. I will turn it over to you to close.

Senator Choisenator

Thank you. Thank you very much to all of you. I'm going to try to address multiple of the points that were made and all were well taken. First and foremost, I'd say this is a conversation that is really important, especially to senators, a chair and Senator Capaldi, know the work that it took over 13 years ago now with LCFF and how monumental that was. And I think when we had our hearing on this about a year and a half ago on just the issue of where LCFF was, 10 years in the rears, what has worked, what has not, we identified a lot of the things that are in this bill. And so this is a two-year bill, and it was with intention that we'd have all of last year, all of this year to engage. And I think we've done so. You've seen, as you've noted, changes in the text as a result of that. And so I agree. The landscape is changing, and certainly the Chair and myself serving in the budget role are seeing what is happening with declining enrollment. And I think that does present, as was stated by Senator Cobaldon, a very important opportunity because this is only going to continue. There's going to be more money in education with less students to serve. And I think we have to have a real conversation about what that means for locals and decisions that they're making to make sure that they are aligning their expenditures to that reality of their shrinking student population and how we as a state want to support those remaining students to the best extent possible, not just financially, but to obviously ultimately see student outcomes grow. And so I do think that's an important conversation. I'll tell you, at least from our house, and we should have further conversations, a declining enrollment conversation must happen in the state. And it should happen soon because it's happening faster than we've been able to adjust to it and respond to it. What this bill is trying to do is trying to anticipate some of those changes and trying to make sure that the resources are going to the students that really need the support. And that's why you see the different thresholds. So, for example, I know the chair raised the issue of the 55 to 45 fiscal cliff, as was mentioned. Absolutely true that where you move that, you may see the differences that you see today in the data in terms of student outcomes and performance, which do increase for those concentration schools above 55 percent. That may just move down to 45 percent, and you'll see the disparity there as well. That is absolutely something that's possible. So is there any hard facts? No, the only hard facts that we do have is that if you increase funding, just generally, for students who are in need, they're going to perform better. And so we could go down to 5%. As long as those dollars are being focused for those students that are in need, we will see, I believe, we'll see better student outcomes. So where you draw that line 45 to 55, it was based on the best information that we had at the time of how do we include those that are on the cusp that we think, where we start to see that real change, market change from performing average to performing better than average. And so that's where that came from, but certainly acknowledge that that is a decision point that we can make. on the issue of the high cost winners and losers to Senator Kabaldon, that was something I was really sensitive about because when we had a hearing on this issue, informational hearing on this issue, there was a lot of concerns from people who just thought that that would be – we should not be pitting folks against each other. And so we attempted to do that with a couple of things. One, the COLA issue, which I can get to as well, the percentage, whether it's the right one or not. But consistently the testimony from districts across up and down the state, whether you're lower enrollment, declining enrollments, which most are or not, rural versus urban, was the COLA, current COLA, statutory COLA, is not truly acknowledging the increased costs in school districts. And there are things, as the chair raised, like 218 that have significantly increased the cost, but others as well that are not, for some reason, factored into the COLA that should be because there are inflationary and rising costs, whether it's insurance or fuel or other things that, for some reason, are not being captured by the statutory COLA, which is the formula that's used. But we thought about revisiting the formula. What should the formula be? So I would just tell you we came up with some number of 4% because it was in the range of what most districts, again, up and down the state that we heard from said we're closer to 4 on an annual basis. And so that reflective of that but certainly can appreciate that maybe another number or another formula may be the right one that we capturing the real costs I also agree that and so we have a hold harmless provision because we didn want to create again losers or the appearance that we trying to pick winners here And so no one is going to get less as a result of hold harmless agreement that is in here. Lastly, the thing I'll say, because I've gone on here for too long, is the leadership does matter. And as both the chair and senator acknowledge, Governor Brown was very engaged and brought folks to the table to have this conversation. Obviously, an assembly member does not have the same bully pulpit or the same reach as the governor does. But we have attempted, in all honesty and genuinely and will continue to, to try to address the variety of perspectives that are brought forward here by folks. Because we're not trying to dismantle LCFF or even rebuild it. Someone put it best at the informational hearing. I can't recall who to credit for this. But we have a strong foundation. LCFF is working. now we just got to revisit the house and remodel it and maybe add a room or do some things here and there to make it even better than it is today. And that's the approach. That is the attempt with today. Certainly happy to continue to take that input and engage even more than we have. Happy to hear from more folks because it has been, just to be very honest, a little bit slow in reaction to our proposal. Again, we put it out last year hoping that we'd get more feedback, and now we're going to continue to proactively seek folks to give us input. And hopefully they'll realize that, as Senator Cabaldon noted, we are seeing 98 grow. We are seeing this 98 dividend, which is money that's not being allocated through the LCFF, being allocated in other ways for other uses, creating what some might think of as new categorical grants, massive but new categorical grants, as opposed to the base funding that LCFF provides to our district. So that's the attempt, that's the goal, and looking forward to those who want to continue to engage on this. Thank you, Madam Chair.

Chair Sasha Renee Perezassemblymember

Thank you, Assembly Member. So the motion is due pass to the Senate Appropriations Committee, and do we have a motion? We have a motion by Senator Gomez-Reyes. Secretary, can you call to-

Senator Choisenator

Can I just make a quick explanation? I'm going to vote for the bill today based on the recommendation of the chair and the assembly members' continuing efforts on the work. But I do want to emphasize, if this were an appropriation, I would vote no on the bill in this form. So I hope that some of the continuing work will proceed. but I do intend to vote yes on the roll call, but didn't want to be misinterpreted. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you. All righty. Secretary, if you can call the roll. Senators Perez?

Senator Choisenator

Aye.

Chair Sasha Renee Perezassemblymember

Perez, aye. Ocho Book?

Senator Choisenator

Not voting.

Chair Sasha Renee Perezassemblymember

Cabaldon?

Senator Choisenator

Aye.

Chair Sasha Renee Perezassemblymember

Cabaldon, aye. Choi?

Senator Choisenator

Not voting.

Chair Sasha Renee Perezassemblymember

Cortese?

Senator Choisenator

Aye.

Chair Sasha Renee Perezassemblymember

Cortese, aye. Gonzalez?

Senator Choisenator

Reyes?

Chair Sasha Renee Perezassemblymember

Aye.

Senator Choisenator

Reyes, aye.

Chair Sasha Renee Perezassemblymember

Thank you. And we will put that bill on call. Thank you. Thank you so much, Assemblymember Alvarez. I know we have Assemblymember Rogers, who's patiently been rating to present 1235. You may begin whenever you're ready. Well, thank you so much, Senators.

Senator Choisenator

I think given the love for Dr. Patel's bill earlier, this bill will be quick and smooth We here today to present AB 1235 This bill would harmonize the public contracts code by requiring a skilled and trained process for the CSU system Amendments in assembly appropriations created an exemption for housing projects, but this would bring harmony between the process for the CSUs, the UCs, and the community colleges to make sure that construction projects meet the full benefits and full potential that they have for our local communities. So with me today to testify on the bill is Mike West. You already met with the Building and Constructions Trade Council, and I'll turn it over to him.

Chair Sasha Renee Perezassemblymember

Good morning again, Madam Chair and members of the committee.

Senator Choisenator

Mike West, on behalf of the State Building Trades, in a previous hearing, my colleague Keith Dunn mentioned that he worked with Senator Lois Wolk on the first design bill that was signed into law in 2014. Also in a previous hearing, Assemblymember Carl DeMaio made a comment and asked an important question. He said that both union and nonunion have good training programs, which I agree. I will also add that they also both have Department of Apprenticeship Standards state-approved apprenticeship programs in some cases. Then he asked if the design-build model would apply to the nonunion, and the answer was yes. So with all the previous dialogue, that wraps up my testimony. Thank you for your time.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. Do we have any other supporters in the room? Please speak at the mic at the railing.

Senator Choisenator

Good morning, Chair members. Elmer Lozardo with the California Federation of Labor Unions in support. Good morning, Matt Kremens on behalf of the California Nevada Conference of Operating Engineers in strong support. Good morning, Mike Greenlee, Payneers and All-Trades District Council 16 in support.

Chair Sasha Renee Perezassemblymember

Thank you. Seeing as we have no one else, we'll now move on to witnesses in opposition. You may begin whenever you're ready. Each of you will individually have two minutes. Thank you.

Senator Choisenator

Good morning, Madam Chair. Richard Markson for the Western Electrical Contractors Association. Weakest supports apprenticeship training. Previous witness talked about that. We support quality construction. We support design build. What we do not support is using workforce mandate that has never been shown to improve project outcomes while simultaneously reducing competition. The proponents claim that a skilled and trained workforce requirement ensures better quality construction. However, we are unaware of any peer-reviewed study demonstrating that skilled and trained workforce mandates results in higher quality construction, fewer defects, improved safety performance, better schedules, or lower costs on design-build projects. Now, there is substantial evidence that support apprenticeship training quality, but that's not what this bill does. This bill requires that a specific percentage of workers be graduates of a state-approved apprenticeship program. These are two very different things, and proponents have not demonstrated that this mandate produces better project outcomes. Skill and trained workforce has been around for almost 20 years, and there's never been a study to demonstrate that it improves project outcomes. The Assembly Appropriations Committee recognized another concern, identifying likely significant administrative costs to CSU to monitor and enforce compliance, as well as potential project costs if the bill reduces competition or increases bid prices we think that before the legislature imposes a new mandate that excludes otherwise qualified contractors it should require evidence that the mandate delivers measurable benefits that outweighs the costs. That evidence has not been presented. AB 1235 will increase compliance burdens, reduce bidder participation, and likely increase construction costs for California's already taxed public universities without any demonstrated improvements in project qualities. For those reasons, WICA is opposed. Thank you. Good morning, Madam Chair. Members of the committee, Felipe Fuentes here on behalf of the Associated General Contractors of California, representing both union and non-union general contractors. AGC supports workforce development apprenticeship programs and the use of skilled and trained workers on public projects. In fact, through our Construction Education Foundation and our member companies, we actively invest in training the next generation of California's construction workforce. Our concern with AB 1235, however, is not the goal. Our concern is the additional mandate and liability this bill places on CSU design-build projects, like my colleague mentioned. First, the bill requires contractors seeking CSU design-build work to provide an enforceable commitment covering every subcontractor at every tier. That creates significant liability for prime contractors and exposes them to compliance risks that may be outside of their direct control. Second, the committee analysis rightfully raises an important implementation question. How is a CSU, how will they operationalize and verify compliance? Existing law already contains reporting requirements, enforcement mechanisms, and penalties related to skilled and trained workforce requirements. This bill would add another layer of administration without a clear demonstration that the current tools are inadequate. Third, the committee analysis in the Assembly, as it was mentioned a second ago, cites that this is likely to cost very significant cost increases to projects if competition is reduced or bid prices rise. When additional compliance obligations are added to design-build procurement, fewer contractors may choose to compete, ultimately increasing the costs borne by the university and taxpayers. We all share the same goal, delivering high-quality CSU facilities, but we should be careful about adding requirements that increase costs and administrative burdens without clear evidence, as my colleague mentioned, that will improve project outcomes. For those reasons, we respectfully urge a no vote.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. We'll now hear from any additional witnesses in opposition. If you're in the room, please use the mic at the railing. Seeing nobody standing up, I will turn it back to the committee. Do we have any questions or comments from committee members?

Senator Choisenator

Senator Cho Boak? I have to give my little spiel. As you probably heard me, Assembly Member Rogers, earlier today, I am fervently opposed to anything that limits who can and cannot work in California, especially when they follow the law as to what they're required to fulfill to meet the requirements to become contractors in our state. There are many good people, good companies that are actually working in the state providing for local hire. black and brown community members, formerly incarcerated folks, and doing everything. And as stated by the opposition today, there hasn't been a study to justify why we're going to limit literally 80% of contractors and their employees from being able to work in our state. I want you to ponder on that thought. And I know you're carrying this bill, and you may not have known all of this, so I just feel compelled coming into our area as someone who is impacted by such bills. I feel compelled to share our life experiences from this dais and speak because not everybody has had that experience. So on behalf of those, you know, a member of those 80 percent of contractors who have followed the law and have done everything required to say to continue to work, including our company who has been building schools and, you know, has been around for over 40 years working in the Inland Empire, you know, hiring local folks from the area who have attended local schools and graduated or, you know, are now, you know, I think we have one family that is grandpa, son, and grandson working for the company that will be excluded from being able to work in participating in local schools. I don't think it's fair, and I don't think that our state should be codifying who can and cannot have a shot at the American dream. And for that, I will be respectfully opposing the bill. I'm not going to go into all the details because I think I, you know, I know some of my members continue to repeat the same thing over and over again, but I just want to just respectfully, you know, express my concerns the way that our local companies will be impacted and 80 percent of contractors interstate, which means less folks be able to bid on jobs, which means that we that the cost could potentially increase in for our local schools. So with that, I will respectfully be opposing the bill today. And you're in California, and obviously with the makeup of our legislature, your bill will most likely move forward. But I do want to express those concerns because I want everybody to understand that a vote for this is literally, you know, taking away from opportunity from many, many folks in our state.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Chobok.

Senator Choisenator

Senator Cabaldon? Yeah, thank you, Madam Chair. I guess the first thing I was I have a question for the California State University. Is there a representative in the room? I know there are 14 bills on today's calendar that directly affect the California State University or indirectly. So I imagine they'd be here. No, well, that's unfortunate. OK, so because I'm trying to disentangle like what's the what's the actual situation in the world? This is obviously a quasi religious issue. as you heard on the prior bill. And this is neither the Labor Committee nor the Construction Committee, but a lot of our debates turn on this issue. But do we have any information about the analysis notes that there are a couple campuses that are engaged in that aren't following what the bill would already do, but is that a big phenomenon? Is it two or three campuses doing a project or two? What's the scale of what's... It sounded like most CSU campuses most of the time are already doing this.

Senator Choisenator

Correct. And I don't have the exact statistics for you. As I mentioned, CSU, UC, and community colleges already have this requirement. CSU, it's been campus by campus. I know that they're in one of my home campuses, Cal Poly Humboldt, was a recent example where they did not, which was part of the impetus for the bill. But by and large, the CSU system seems to already be moving in this direction and is actually in the process of continuing to negotiate with folks on a macro level around the policy as well Okay that super helpful Which I think speaks to why they have not taken a position on the bill and are not here to speak against or in favor of it Or here at all. Yes. They're probably here somewhere. They're hiding in the restroom.

Senator Choisenator

Yeah, that is very helpful. I'm not unsympathetic to the concerns that the vice chair has raised on this overall issue. I mean, recognizing the percentage of the construction workforce that is not represented, and that's real. And regardless of our attempts to build more apprenticeship programs and what have you, we have to recognize that that is where California's construction workforce is now. And so we also need to make sure that we can deliver projects, not only housing, but, you know, the library, the disabled student center, all those things matter too. And we have to be able to procure the workforce for that. And it is why over time, you know, the legislatures typically and governor typically said, look, you know, prevailing wage is triggered. It's not required of every single project in the whole world. It's triggered when there is a when the public is provided has is providing essentially a benefit to the project and therefore to the to the construction. Skilled and trained has largely been that as well. So I mean, I'm not I'm not like sort of reflexively every single project in the world should have a law that says that all these rules apply. We're trying to move the market that way, send the right signals and do the things that Senator Gomez Reyes has mentioned. So for me, it's not reflexive. But if given the case on this particular one where the institution already is and where the other family of public colleges and universities are, this seems like a reasonable step forward. So I am going to support the bill today. It doesn't mean I support every single bill that mandates skilled and trained in every possible situation. They all deserve to be evaluated on their merits, but this one, I think the case has been made that it's appropriate. Thanks, Madam Chair.

Chair Sasha Renee Perezassemblymember

Thank you. Do we have any?

Senator Choisenator

Yes, Senator Cortese. Just a comment. You know, I think in reality, you know, what happens here, and let me start by saying I'm going to be supporting the bill. I think, you know, skilled and trained, which I've been a pretty regular supporter of here, I think, as most people know, in its basic, most basic framework, like we see in the bill, oftentimes doesn't actually roll out that way in real life. And sometimes it's because if there's not a PLA that this leads to, which is not atypical of public sector work or untypical, but if that isn't the path that it goes down, then there's always this worry and this concern. And I respect opposition's concerns about what happens, and I'm going to frame them differently, what happens when the general contractor in a design build is trying to move, get the project underway, get plenty of prevailing wage jobs going, union jobs going, and there's one or two subs that basically aren't available under these terms. You can call your local building trades council and just say, we can't even recommend a contractor for you to do the landscaping or to do this one particular trade. And that usually leads to something like a two-gate or a dual-gate job. And the policy does it, and I'm not sure how you would write it, it doesn really take into account that situation because it more of a strict framework And I think that you know been a little bit problematic but more so on the private sector I think I think with public code projects that can still happen. But you have a very typical and available avenue of putting the PLA in place that essentially subsumes this requirement within it and has the mechanisms within it to allow for all that. What happens when there's jurisdictional issues? What happens when there's a non-union issue that needs to be brought in? How do we treat that? And I think in the best of all scenarios, especially with public code work, and I do consider this to be public code work, this is money of the state of California flowing out there, you know, that's being put into play. So I, again, I'm supportive. I think where it all leads, you can criticize sometimes how these frameworks look when we just keep them clean and simple in legislation. But where they lead usually works. And there are outcomes. I'm not going to get into that because it's not part of our discussion today and these bills aren't being heard today. but especially where we've utilized skilled and trained requirements and the training requirements around hazardous facilities and those kinds of things. We've seen lots of positives, lots of measurable positives, including growth, not only in apprenticeship programs, but folks who are actually hired and then trained to deal with hazardous situations, hazmat situations, toxic situations. Those are just examples of where I think we've seen the best growth. And I think there's been a longstanding case around here, as everybody knows, that maybe not so much on private residential. You don't see it's not as easy to point to the outcomes. But I think here this should work, and I'm going to support the bill. And thank you, Madam Chair, for the opportunity to make some comments.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Cortese. Any other comments, questions? All righty. I appreciate you bringing this bill forward, Assemblymember Rogers. I know I've talked with the state building trades about the fact that they've been in active negotiations and discussions with the CSU, which I think is great and very exciting. It makes a lot of sense in my perspective for us to make sure that we have skilled and trained workforce requirements and the construction that we do for the CSU system, just as we do for the UCs and the community colleges. These are taxpayer-funded projects. We should provide high wages. We should provide benefits. And we should ensure that we are not just hiring a high-quality workforce, but that we're also encouraging people to, you know, choose that as a pathway should they wish to do so and to go into the trades, right? And I think we're all a part of that ecosystem. system. And given that these are publicly funded institutions, it makes the most sense to me that we have these types of standards. So I will certainly be voting yes and supporting this bill, and I will turn it over to you now to close.

Senator Choisenator

Yeah. First of all, I just want to thank everybody for the discussion. I understand the perspective even from the vice chair on it. And I think that the chair just nailed it with my perspective, which is when we are spending taxpayer dollars, if what we are looking for is the delivery of a project alone, that might be a different discussion. But with taxpayer dollars we get to look at the broader impacts of that spending in our community And with skilled and trained workforce requirements not only do we end up with more local hire and that is found in data but you end up creating this pipeline and this training process where in which we can bring other people up through that to get them those skills, to make sure that they're getting a good wage, to make sure that they're having benefits, and then they can spend that money in our local communities as well. There's a climate benefit to it when people don't have to travel as far, and I think that there's something very symbolic about making sure that when we tell people you don't just have to go get a four-year degree to be successful in this state, that we're creating other pathways, especially in conjunction with the CSUs, the UCs, and the community colleges, for them to be able to do so. So with that, I respectfully ask for an aye vote.

Chair Sasha Renee Perezassemblymember

Thank you. And so for AB 1235, we have due pass to the Senate Appropriations Committee. Do we have a motion? We have a motion by Senator Cabaldon. Secretary, can you call the roll? Senators Perez? Aye. Perez, aye. Ochoa Bogue? No. Ochoa Bogue, no. Cabaldin? Aye. Cabaldin, aye. Choi? No. Choi, no. Cortese? Aye. Cortese, aye. Gonzalez? Aye. Reyes, aye. Great. And are we going to stop? Should I call? We'll stop quorum. That will go ahead. We'll put that on call. and seeing as we have a quorum, I'm going to go ahead and take a vote on consent really briefly and then we will go ahead and get started with Assemblymember Hadwick next. Or I know Jackson is here for, well, whichever one of you would like to go first. Okay, if we could, do we have a motion on consent? Okay, we have a motion by Senator Reyes. Secretary, can you call the roll? Senators Perez?

Senator Choisenator

Aye. Perez, aye. Ochoa Bogue? Aye. Ochoa Bogue, aye. Cabaldon? Aye. Cabaldon, aye. Choi? Aye. Choi, aye. Cortese? Aye. Cortese, aye. Gonzalez? Reyes? Aye. Reyes, aye.

Chair Sasha Renee Perezassemblymember

Great, and we will put that on call. Assemblymember Hadwick, if you would like to get started whenever you are ready.

Senator Choisenator

Thank you so much, Madam Chair and members. I would first like to thank the chair and the committee staff for working with me on this critical issue. The College of the Siskiyous sits right on the California-Oregon border and serves community college students across the region. Many of these students live in one state and work in the other. Communities in northern Siskiyous County interact daily with neighboring Oregon towns for work, health care, and education. For many residents, the state line does not define their community. They themselves see not as Californians or Oregonians, but as one interconnected cross-border community. Students are bound in place by community, and research shows that 90% of community college students go to college within 50 miles of their home. Denying their access to COS simply because the state boundary cuts through the region punishes our community for geography they do not control. AB 1555 addresses this by allowing up to 200 students to qualify for in-state tuition at the College of the Siskiyous. The college provides career technical education and workforce programs in wildland, firefighting, emergency medical services, and paramedicine, law enforcement, and nursing that nearby colleges, including Southern Oregon University, do not offer. My district is facing critical workforce shortages in health care, public safety, and natural resources, as much of the state is. This bill helps address these shortages by allowing nearby students to access the training programs that already exist at the College of the Siskiyous. I respectfully ask for your aye vote and I'm joined today by Superintendent President Char Perlis from College of the Siskiyous. Hello. Hi, Chair Perez and committee members. AB 1555. addresses a localized geographic and financial barrier. For many residents of Southern Oregon, the unique career technical education programs, Fire Tech Academy, and Nursing Pathways at College of the Siskiyous offer the most viable, affordable, and practical route to their career goals. Currently, College of the Siskiyous has already reached its maximum capacity for the Western University Exchange and Oregon Exchange programs. We have really long wait lists. Those wait lists consist of potential students from the counties of Oregon, the Josephine Jackson, and Klamath counties. Data consistently shows that students are highly likely to settle, work, and pay taxes near their communities where they attend college. By drawing neighboring talent to the College of the Siskiyous, we are feeding the workforce pipeline for our northmost communities, boosting local economies that struggle with rural workforce shortages. And as you just heard, we have those shortages. Furthermore, College of Siskiyou is uniquely positioned to provide these students with not only their desired educational programs, but we currently offer on-campus housing, and we're in the process of building a new housing complex. For those reasons, I respectfully request a yay vote.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. We'll now hear from any other witnesses in support. If you could please use the mic at the railing.

Senator Choisenator

Good morning, Tatiana Torres with the Community College League of California in support.

Chair Sasha Renee Perezassemblymember

Great. Seeing nobody else getting up, we'll turn over to witnesses in opposition. If we have any witnesses in opposition. Seeing no one moving forward, I'll turn it back to the committee. Do we have any questions or comments from committee members? Senator Cobaldon.

Senator Choisenator

Thank you, Madam Chair. I am going to support the bill today. I want to urge the author to consider just adding some language in about the WUI. I'm the state's representative to WCCHE for 12 years as Governor Brown and Governor Newsom appointee. WUI is a preferable option for this sort of thing because it's systemic, it's reciprocal between the two states and it recognizes that these are not Californians. Regardless of whether they think of themselves as transcending the very notion of states or not, they are not Californians. They're not California taxpayers. And the bill doesn't just waive non-resent tuition. It says that the taxpayers of California under Prop 98 will pay for those students at College of the Siskiyous as though they were Californians. So that's a big ask of the people of California to say, yeah, we will just treat them like Californians. So you're currently maxed out at WUI. Just think the bill should only cover beyond WUI, because what we don't want to do is have the college or students say, I'm currently in WUI in the Western Union Undergraduate Exchange paying one and a half times resident fees. It would be better for me to do this program instead. So I get that that one's maxed out, but this should only be applicable when WUI is no longer available for students at all. And I think that would help strengthen the bill, maintain the cost profile that you're describing here. But otherwise, we've seen this before. Maybe by the time it gets to reporters, I would love to know what we know about students as they exit the college. Feather River College was in a similar situation. We did a legislative investigation. It's probably a little strong, but a few years back. And it turned out that many of the students that were qualifying for a similar kind of exemption were actually not even from in that case from Nevada They were from South Carolina They were being recruited by the college for its sports teams And they did not stay in Quincy or in this year afterwards. And so understanding for, like, but for real, though, like, what happens, you know, do students stay in California? Are they going to ultimately contribute to our communities in the state and to our tax base and whatever would be useful to know. But the concept is proven at Tahoe and a couple of others. So I'm going to support the bill, but we would encourage you to think about further clarifying amendments. Absolutely. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Cabaldon. Any other comments or questions? All righty. I will go ahead and close then. And supportive of your bill, Assemblymember Hadwick, I know that we've discussed just given your region and how close this college in particular, College of the Siskiyous, is located to the Nevada-California border and the importance of bringing forward something like this. I know there's a number of colleges that are located in the kind of far north area that are in this scenario. And so and I know even as we've discussed some of the challenges that you face in your own travel, being a legislator and coming down here to the Capitol, all all the nuanced ways that that impacts you. And so I think those are important things to recognize. You know, I think Senator Cabaldon makes a good point about the WUI. certainly things for you to explore, but absolutely understand the intent of this bill and what you're trying to do here and the necessity, given the uniqueness of your district. So with that, I'll be supporting the bill, and we'll turn it over to you to close.

Senator Choisenator

I just want to thank you for taking the time to hear our story. I have 11 very unique counties bordering Oregon and Nevada, and we're different. I represent the most community colleges in the state, but also have the most college deserts and no UC or CSU. So very unique, and we are always trying to grow our own in rural, and this bill will help us do that. So thank you again.

Chair Sasha Renee Perezassemblymember

Great. And for AB 1555, the motion is due pass to the Senate Appropriations Committee. Do we have a motion? We have a motion by Senator Choi. Secretary, can you call the roll? Senators Perez?

Senator Choisenator

Aye. Perez, aye. Ochoa Bog? Aye. Ochoa Bog, aye. Cabaldon? Aye. Cabaldon, aye. Choi? Aye. Choi, aye. Cortese? Aye. Cortese, aye. Gonzalez? Aye. Reyes, aye.

Chair Sasha Renee Perezassemblymember

Great. And we will put that bill on call. Thank you so much, Assemblymember Hadwick. I see we have Assemblymember Jackson who has been patiently waiting. Assemblymember Jackson, I know you have two bills, both AB 1641 as well as ACA 7. You may get started with whichever one you'd like to go first.

Senator Choisenator

I will start off, Madam Chair, with AB 1641, our tribal colleges and universities.

Chair Sasha Renee Perezassemblymember

Excellent. And feel free to get started whenever you're ready.

Senator Choisenator

Thank you very much, Madam Chair. Committee members, AB 1641, which amends the education code to formally include Tribal college and universities as a recognized segment of public post-secondary education in California. This recognition ensures that tribal institutions are no longer sidelined, but instead are meaningfully included in higher education planning, legislation, and coordinating bodies where critical decisions are being made. It affirms the academic excellence and cultural leadership of tribal colleges making clear that these institutions and the communities they serve are no longer invisible within our state education system With me today to speak on the impact of this bill is Sean Reagan, Executive Vice President of the California Indian Colleges, Indian Nations College, and Nathaniel Barrett, Vice President of External Affairs for the Associated Students at the California Indian Nations College. Thank you. Good afternoon, Chair and members of the committee. Thank you for the opportunity to speak on behalf of AB 1641 and the need for tribal colleges and universities or TCUs in California. We're proud to sponsor AB 1641 and thank Dr. Jackson for his leadership on this bill along with Mr. Ramos, Mr. Gonzalez and Mr. Wallace for their support as well. Here on behalf of California Nations College an accredited public two-year associate degree granting tribal college chartered by the 29 Palms Band of Mission Indians. We're located in Southern California but have students from throughout the state, both Native and non-Native students. American Indian students face numerous challenges in higher education, historical, cultural, but they are resilient and with the proper support accomplish their goals and help make their communities better. TCUs are a vital part of that process. Students who started at TCU are four times more likely to earn their bachelor's degree. California is home to one-fifth of all federally recognized tribes and over 1.4 million people who identify as American Indian or Alaska Native. There is a need for TCUs in California, but the current education code definitions do not recognize TCUs. We're not a UC, CSU, or CCC, and as a public institution, we're not part of the independent institutions of higher education. As it stands now, TCUs are the invisible institutions of higher education in California. AB 1641 remedies that. From our point of view, AB 1641 does not create a new segment of higher education, but recognizes and codifies one that already exists in the state. We are here. Our students are here. TCUs and TCU students are not seen. We're not part of the discussions around higher education currently. TCUs and TCU students often do not have a voice, and their voice is important. So we thank you for allowing us to speak today and for giving us a voice here. I turn it over to one of our students, Nate Barrett, and I ask for you, your I vote on AB 1641. Thank you. Hello, my name is Nate Barrett. I'm an enrolled member of the V.S. Band of Kumeyaay Indians and a student of California Indian Nations College, where I serve as a current student body of VP of External Affairs. Like many indigenous students, I walk two worlds, one world filled with traditions and cultural values, another with Western systems and practices. I have first-hand experience of what it's like to see my community go overlooked and unseen. TCUs connect those two worlds. As a TCU, CINC, California Nation College, is important because it gives the opportunity for underserved students to be recognized and acknowledged. This college is rebuilding the relationship natives have with education. For a lot of us, with the history of boarding schools and Western education that sought to strip our identity, our relationship with education came before we were even born. Because of colleges like California Nations College, I can overcome systemic barriers where I can feel supported and recognized to pursue my degree. Also, my dream of being a tribal lobbyist. CINC is constantly evolving and opening doors to Native students like myself to speak at tables where we lack representation to address what we need With AB 1641, it gives TCUs the opportunities and acknowledgment that is needed. I want to thank you, Chair and members, for your time. Ye-Hun, please help us be seen and vote eye on AB 1641.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. We'll now hear from any additional witnesses in support. If you could use the mic at the railing.

Senator Choisenator

Morning, Madam Chair, members of the committee. Alex Alanis on behalf of the Habomato Pomo of Upper Lake in support of the bill.

Chair Sasha Renee Perezassemblymember

Thank you, Chair and members.

Senator Choisenator

Chris Morales with the CSU Office of the Chancellor in support. Good morning, Madam Chair and members. Nick Brokaw here on behalf of the Agua Caliente Band of Cahuilla Indians in support. Good morning, Madam Chair and members. Cabrera Payton on behalf of EdTrust West in support. Good morning. Jessica Dung with the University of California is in support. Puja Lal with NextGen California in support. Great.

Chair Sasha Renee Perezassemblymember

We will now turn it over to witnesses in opposition. If you have any witnesses in opposition here to speak, seeing nobody rising, we'll go ahead and turn it back to the committee. Do we have questions or comments from committee members, Senator Gomez-Reyes?

Senator Choisenator

Thank you, Madam Chair. This is one of those righteous bills. I'm glad the Assemblymember has brought this forward. I do want to thank the students in particular for your testimony. It makes a difference when we hear from someone who is personally affected by the legislation that's introduced. I appreciated the fact that it was mentioned that it's both Native and non-Native students. I think that non-Native students having access, I think, is also important because they're exposed to something that they normally would not be exposed to. And I also want to congratulate you on your goal to be a tribal lobbyist. lobbyist. I think that that is a great profession to be in. So I congratulate you on that. Thank you. And at the appropriate time, I would move the bill.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Gomez-Reyes. Senator Choi?

Senator Choisenator

Thank you. I will be supporting this bill. I simply want to understand a little bit more about this TCU systems. This bill is expanding the definition of what the public education, higher education is all about. These use are already colleges and universities for the tribal native residents in their region. And what I understand is that these universities and colleges in the reservation are very sovereign and independent tribal sovereignty and autonomous organization and like run as an independent country. So sovereignty issue, when this definition is expanded, what kind of benefits would Will it expand into not only just the definition, which is already colleges, universities, that's a higher education to me, but will it open up the doors, like receiving federal or state funding? If you can elaborate, that will help me, my understanding of that TCU system from other state university systems here in California.

Chair Sasha Renee Perezassemblymember

Yeah. Yeah. Well, first, Senator, before I give it to our witness, I asked them the very same question and said, are you sure you want to do this and be subject to all of our ideas and requirements, especially my crazy ideas? And they articulated that they see this as more of a benefit than a negative. And if you want to expound on that.

Senator Choisenator

Yeah, TCUs nationally are public institutions and so you know on that end we are a public institution. Part of that is the charter from the tribe and so there is a question about sovereignty that plays into that. You know going into this bill TCUs are supporting and sponsoring this bills. Like I said we're public institutions as such understand the need to be accountable to the public for student outcomes and the work that we do and we're ready to work with the legislature to ensure that we operate in the public space in a way that both maintains tribal sovereignty and provides accountability to the people of California. As far as the benefits for it, we're in California, we serve California students. About right now on the federal side we would receive funding, federal funding for about 54% of our students, that's the number that's we federally enrolled and eligible for federal funding. We're about, typically run about 85% or so are native students, but not all of them are eligible for federal benefits. And so we have students from throughout the state of California. And being in California, there's a lot of legislation, there's things that are happening, coordinating commissions, for example, the coordinating commission that was passed last year in the Senate, Senator Pity, I know, had worked on that for the CTE programs and stuff. Tribal colleges weren't part of that conversation, yet that's a really important commission for us, or coordinating commission that would be really important for us to be part of. So there are things that are happening throughout the state where I think that voice needs to be heard. The benefit is, I think from our end, one of those great benefits is to be able to be part of the conversation for higher education in California. What's happening in the state and what role do tribal colleges play within that? On the funding side of it, you mentioned the funding. We do have funding requests that are in process right now. We received $10 million in one-time funding last year in the budget. We have a budget ask right now that's over in the Assembly. And I know there's conversations going on between the Assembly and the Senate on that and looking at another budget request for this. So there is funding aspects for that that we are hopeful. I don't think that those funding elements are dependent upon this bill necessarily. They weren't last year. But we are, you know, I think that there are a number of benefits both to the state and to tribal colleges. Does that answer your question? Your explanation expands my question already. You have been receiving and by being recognized as a higher education, now suddenly, you know, oh, we are colleges and the university, not public universities, but the higher education in definition. That is strange. So that means a side of benefit is that great it has been recognized as a college even though the definition may have not been defined clearly But so that will also expand your obligations of any legislation we pass here that the certain requirements of public universities shall apply this and that kind of rules. So will that subject you to comply with the new regulations of this body next? I think those would be ongoing conversations that we'd love to have with this body. But how to do that in a way that both, like I said, both holds us accountable as an institution in California while maintaining tribal sovereignty. So, I mean, I think those two things, that answers your question. I don't have a complete answer to it. So this sounds like good things I will take, but bad things I will reject. So I think if you're not the beneficiary of this definition, which will entitle you to open up the old opportunities to receive benefits, that we should be also meeting the obligations that this body enacts. I agree.

Chair Sasha Renee Perezassemblymember

Okay. More support. Thank you, Senator Choi. Any other comments or questions?

Senator Choisenator

Senator Cobaldin. Yeah, thank you. And I'm actually envious of Assemblymember Jackson. This is sort of we should have been doing this decades ago in terms of broadening our definition of what of what public institution with the what the family of higher education in California looks like. So very much salute you and agree with sort of the values and the heart that Senator Gomez Reyes mentioned. I also, though, do agree very much with what Senator Choi raised from the head perspective. So this section of the Education Code is one of the oldest ones. I mean, it's the master plan era section of the E code, which means that there are hundreds, maybe thousands of references to this definition all throughout the E code. and that will bring along with it all of the issues that Senator Troy was describing. But for me, the issue is less do you want them or not, but really what are we saying about sovereignty here? Because these aren't institutions. They are not public institutions in terms of the state of California. They are public institutions of fully sovereign governments. And so I'm definitely supporting the bill. would encourage the author to think about whether this specific statutory approach is the right one, as opposed to maybe a new section that said this is higher education in California, and we are recognizing that Californian sovereign tribes operate colleges and universities that are part of what Californians enjoy and that we support and that we work together here. defining them sort of as California public institutions though kind of breaks that line a bit. Now, you know, one of California's longstanding tribal universities at DQ University in my district closed. Now it's been a while. There is another California Tribal College, which is an emerging institution, also in my district that's headquartered at Woodland, but it's being led by a broad coalition of tribes. And you know part of the question here is so we require for public institutions institutions in California are required to be required by law to be accredited And this section of the law also says that every independent institution to be defined as an independent institution as part of the family also must be accredited California Tribal College is not accredited, right? They are, they are an emerging institution that's part of the process. They're not, they didn't lose accreditation. There's no, I don't want to signal any problems there. They're doing exactly what they're supposed to do. But it's an example of, you know, this is a standard that we apply to our institutions, that we should be careful about backing into requirements that we pass on those institutions. I'm supportive of the bill. It's an important step forward to assure that we're recognizing that our relationship and our students and our community's relationship with tribal colleges and supporting them as well in their growth and development. while at the same time respecting, fully respecting the sovereignty of the tribes themselves and that these colleges are theirs. They are part of our – we need to have a respectful relationship but also understand that they are not asking to and we shouldn't inadvertently make them subject to a million different wonderful policies that we have passed in order to advance our institutions as well. So we just encourage the author to continue to think about that with the tribal community about how to assure that we're accomplishing both things, broadening our definition of the family, lending support to one another, and also fully respecting the sovereignty of California's tribes. Thanks, Madam Chair. Chair, can I raise one more question?

Chair Sasha Renee Perezassemblymember

Yes, Senator Choi.

Senator Choisenator

Thank you, Chair. Speaking of sovereignty, I wonder when tribal students attend California public schools, is that treated as like out of state and you are required to pay out of state tuition? Since we just dealt with the AB 1555 by Hardwick exempting tuition, non-resident tuition fees for neighboring states a while ago. So sovereignty doesn't apply in this case. So in other words, my children can go to your place if you're not going to charge non-residential fees. Yeah. Tribal students who live in California are California citizens as well. So, I mean, I want to be careful in how I say these things because I'm not a sovereignty expert. But they don't pay out-of-state tuition. You know, if you're coming from a reservation, you're not paying out-of-state tuition. So when I hear that definition of sovereignty, that's very vague. Yeah. And we are, I mean, we're accredited. So we're accredited by ACCJC the same as all the community colleges. So we're subject to compliance standards with accreditation, so we have to maintain in compliance with our creditors. That doesn't violate tribal sovereignty. Tribal colleges are federally recognized. We're going through that process right now towards federal recognition. It's a long process to apply for that, and that opens up the federal funding and, you know, those things. And there's a lot of compliance issues with the federal. So there is compliance that happens on these various levels that does not interfere with tribal sovereignty. So native tribes have dual citizenship? So to speak. Not being an expert I want to caution not answering that but I can say that they do not pay out tuition at UCs or Cal States or in community colleges I know the state has done other things within those systems I know UC has fully California Yeah exactly That what I understand Correct

Chair Sasha Renee Perezassemblymember

Saying no further questions or comments, I'll go ahead and close. First of all, I want to begin by saying, Assemblymember Jackson, I absolutely appreciate you bringing this bill forward. I think it is very timely and necessary, and I'm surprised that this has not been done already. Our tribal colleges and universities play a really important role in serving our Native American students. You know, before my time here, when I was at the Campaign for College Opportunity, we used to produce reports that would look particularly at college-going rates and success of our Native American students at our UCs or CSUs in our community colleges. And oftentimes, because the population was so small, it was really hard for us to really assess and take a look at that data. But with the numbers that we did have, oftentimes our institutions would do a very poor job in serving those students. And we heard frequently from students that there was a lack of a sense of belonging. There was a lack of cultural understanding at these campuses. And so oftentimes our student populations or American Indian, Native American students chose to go to tribal colleges and universities when they did have the opportunity to or they would transfer because they felt that sense of belonging and they felt the kind of support system that they were looking for. And so when we look at our kind of higher education ecosystem, I think TCUs play that really critical and important role. In addition to that, I also want to recognize that I think there is these kinds of policy discussions that we need to have and ensuring that including you in this section of EDCO doesn't suddenly mean that you are subjected to a number of rules that might not make sense for your universities and institutions, given that you are sovereign governments. One of the things that's pointed out also in the analysis is one of the major things that we have with our community colleges or UCs and our CSUs is that we have a governance structure where we appoint and the Senate appoints members to the Board of Governors, to the Board of Trustees, to the Board of Regents. As you know, your respective tribal governments have your own system and your own groups that are representing your TCUs and have your own processes. And so I think that that's just one example of something that might get like a little kind of odd and wonky. And I would anticipate that you wouldn't want us to suddenly be doing Senate confirmations for folks that are then serving on the governing boards for your institutions. And so I think there's some nuance to figure out there. And I think as the Assemblymember continues to move this bill forward, we'll need to think through how to navigate some of those processes. There's been a number of things that have been brought up today by other members of the committee. I think all important conversations to have, but I absolutely think that this is the right direction for us to be moving. And as I said, this is something that should have been done a very long time ago. So I'm excited to vote yes on this bill and to support it, and I will turn it over to Assemblymember Jackson to close. Thank you very much, Madam Chair and

Senator Choisenator

committee members for your fantastic questions and remarks. Let me first just I would say that I am deeply, deeply honored to be able to carry this bill for our tribal brothers and sisters and thank them for trusting me with it. As always, this is just one bill out of a bill package from our Native American caucus that also deals with issues of accreditation and articulation and of courses and all those type of things as well. And I think given the history of California and how it's treated our brothers and sisters, that we owe it to them to walk on this journey with them and help them to be successful and to ensure that whatever they feel like they need, that we do whatever we can to ensure that we are able to deliver. And so I believe that this bill is helping to do so. And as we continue to dive deeply into both costs and benefits to this, we just want to make sure that they know that we want to be with them every step of the way and be supportive every step of the way. So with that, I respectfully ask for an aye vote.

Chair Sasha Renee Perezassemblymember

Thank you, Assemblymember. and that bill is AB 1641 and the motion is due pass to the Senate Appropriations Committee. We have a motion by Senator Gomez Reyes. Secretary, if you can call the roll. Senators Perez. Aye. Perez, aye. Uchil-Bogue. Aye. Uchil-Bogue, aye. Cabaldon. Aye. Cabaldon, aye. Choi. Aye. Choi, aye. Cortese. Aye. Cortese, aye. Gonzalez. Reyes. Aye. Reyes, aye. Great. And we will put that bill on call. Thank you so much, Assemblymember Jackson. I know you have ACA 7 up next, So you can go ahead and get started. I know we'll have some folks transitioning. Thank you very much. I'm Madam Chair, committee members. This is ACA 7, which is a Black Caucus priority bill, which aims to clarify Section 31A of the California Constitution to curtail the abuse and misuse resulting from its improper application and to ensure the constitutional provision aligns with the voters' intention in 1996. With me today to speak on the impact of this bill is Tui Ti Nguyen, education lawyer and partner at Garcia Hernandez Solny. Good morning, Madam Chair Perez, committee members. My name is Tweecy Nguyen. I am an education lawyer with a specialty in education equity for more than 25 years. I have served as general counsel for several organizations and institutions, including for the California Community College State Chancellor's Office. I have also served as a community college president. Is the state of California interested in closing the student racial equity gaps so that all students, no matter their background, can and will succeed? Is that interest compelling enough that Californians are willing to allow and enable educators at their local schools and colleges to have the tools they need to close the gaps? There is a wide range of tools, strategies that educators are using to close the racial equity gaps to ensure that all students can achieve, regardless of their race This set of tools non based under Prop 209 are being used by our public educational institutions These tools address various aspects of the students and their individual needs And then there is this set of tools, race-conscious and some race-based tools that are tailored to address another aspect of the racial equity gap, race itself. Instead of being blinded by the realities of such gaps. These tools have clear research and evidence of significantly narrowing and closing racial student success gaps. These tools look at the whole child. There are some courageous educational leaders among us who feel that it is morally compelling to explore these race-conscious strategies after exhausting all these other tools here, and to do so legally without running afoul of the Equal Protection Clause of the U.S. Constitution or even Prop 209 of the state Constitution. As the California Appellate Court in American Civil Rights Foundation versus Berkeley Unified School District's school integration case stated, not all race-conscious actions are meant to be eliminated by Prop 209. That is why ACA 7 clarifies what is already legally allowed, but educators are too fearful to employ. And then ACA 7 also amends, sending a clear message to public educators that we want our schools and college to use all the tools that they know will work as long as they do so without violating the Equal Protection Clause of the U.S. downstitution. ACA 7 will do just that. Thank you to Assemblymember Jackson for chaplaining this important measure. I am available to answer any questions that the committee may have. Thank you for your presentation. I will now hear from any other support witnesses in the room. If you could please use the mic at the railing. Rekha Morales on behalf of Etrus West in strong support, also doing a Me Too on behalf of Californians Together, Southeast Asia Resource Action Center, Black Educator Advocates Network, and Young Invisibles. Is that about us with children now in support? Dominique Dine with Ed Voice in support. Rachel Murphy with Public Advocates in support. Clara Medina-Maya with Californians for Justice in support. Good morning. Maria Madril Hernandez with Central Valley Movement Building Organizing Institute in support. Anybody else? We will now hear from witnesses in opposition. If we have two witnesses in opposition, please come forward. You'll have two minutes each. All right. Thank you. Good morning, senators. I would like to start with one simple question for all of you, especially the Democratic members of this committee. Under which scenario would you think California public agencies should be allowed to discriminate against California's on the basis of race or ethnicity? Remember we require equal opportunity instead of equal outcome I can think of any none California voters have responded resolutely on the state ballots twice with the second one showing stronger bipartisan support for Proposition 209. Please do not push another bill for racial discrimination again. This is not the hill the Democratic Party should die on. This hyper-partisan intent to discriminate on the basis of race is so blatant so blatant that many Democratic voters have reached out to my organization to express their discontent with this party and its far-left tendencies. Just check out the recent pledge signed by hundreds of UC professors to ask for the reinstatement of SAT and ACT. The number of registered Democrats on the list is very high. Racial discrimination policies have consequences. Senators, I urge you to connect with your base and your electorate by considering the voice of reason and moderation. In 2020, all prominent Democratic leaders endorsed Proposition 16. Yet 57% of California voters voted no on the proposition. Almost all but only six California counties went against it. Just through the math, about 36% of Biden voters voted to keep Prop 209 in place. The math itself is compelling. California has affordability, homelessness, and basic public services issues. Voters have elected you to solve these problems, not to reintroduce discrimination. If ACA 7 were to be passed, education institutions would be able to make financial aid decisions based on immutable characteristics such as race. But shouldn't they determine a student's financial assistance based on individual need? Handing aid out based on race is fundamentally unfair and immoral. Last but not least, my organization, Californians for Equal Rights Foundation, has been actively filing lawsuits against public agencies for their race-based programs. We have been quite successful in the past six years in confronting and stopping racial discrimination in courts. We will be ready to sue the state and any public entity that implements ACA 7. Thank you. I respectfully ask you to vote no on this bill. I'm Gail Harriet. I'm a law professor emerita at the University of San Diego. I oppose ACA 7 for oh so many reasons, including these three. One, it will lose. The previous effort to gut Prop 209 went down in technicolor flames in 2020, with more than 57% of Californians voting no. And here's the kicker. That's despite the fact that the yes side outspent the no side by more than 14 to 1. If anything, ACA 7 is even more likely to be defeated since its most important effect will be to authorize financial aid discrimination, which, with the exception of reparations activists, hardly anybody supports. Ask me about that. I can tell you a lot more. Number two, even if it wins, it will lose in court. In 2023, the Supreme Court's 6-3 decision in students for fair admissions held race preferences in admissions to be unconstitutional. But the court's opinion was very broad, stating, and I'm quoting here, eliminating race discrimination means eliminating all of it. Ask me about that again. All of it, not some of it all of it Number three when this bill was introduced the plan was to put it on this year ballot That would have been extremely ill right in the middle of the Trump administration The Justice Department would have instantly instituted an investigation and could have cut off UC's and CSU's federal funding, potentially billions of dollars. The bill has been amended to hold the election in 2028 instead, but that's only marginally less terrible. Trump will still be there for two months, And more importantly, we don't know who the next president of the United States will be. DeSantis, Rubio, Vance. If it is, it could cost our schools billions. And as the bill is written now, it's completely unnecessary to make such a momentous decision two years ahead of time. Even supporters of preferential treatment based on race, and again, in California, there aren't that many of them, they should oppose ACA 7. It will result in political and legal precedents that are not to its sponsor's liking, and it's a potential financial catastrophe for California. For these reasons, and for so many more that I'd be happy to talk about in the question and answer period, I hope that you will oppose this bill. Thank you. And in addition to that, if we could just have the gentleman, if you wouldn't mind just stating your name for the record, you didn't introduce yourself in the beginning. My name is Frank Chu. I'm the president of Californians for Equal Rights Foundation. Excellent. Thank you so much. We'll now hear from additional opposition witnesses here in the room. If you could use the mic at the railing, please state your name, organization, and position on the bill. Thank you. John Perryman, speaking for myself as a retired teacher who taught at Luther Burbank High School in South Sacramento, 95% minority school in the 1990s up through 2019, both post and prior to Prop 209. Making racism legal again is what ACA 7 does. Please just your name, organization, and position on the bill. The opportunity for longer forms of comment come from the two witnesses that provide support and opposition testimony. So if you could state your position on the bill, either support or oppose. Opposed. So I don't get two minutes. No, you do not get two minutes. Good morning. I'm Tony Guan. I came from Silicon Valley Chinese Association and also equal rights for all PAC under the leadership of Mr. World Colonel. So we are strongly opposing to ACA 7. Please keep the racial discrimination illegal. Thank you. And again, I want to remind folks name, organization, position on the bill. Thank you. Eva Zhao from Equal Rights for All PAC and Californian for Equal Rights Foundation. I strongly oppose ACA 7. Thank you. Vice President of the California Family Council, Greg Burt, in opposition. Thank you. My name is Yun Luo. I'm a California parent. I strongly oppose ACA 7. I'm Sue Xu. I represent Follow Our Hearts, the California Residence Group. We strongly oppose this bill. Thank you. Hi, my name is Emily Yu. I'm a California warder and as a parent and a concerned citizen, I strongly oppose ECA7. Please keep the discrimination illegal. Thank you. Good morning afternoon, or good afternoon. Maimon Schwartzchild, professor of law at the University San Diego speaking in my own name and in my own behalf against ACA 7. My name is Sting from California. I'm opposed to the ACA 7. Please keep discrimination illegal. Thank you. Hi, Madam Chairman and fellow committee members. My name is Betty Mo Young, and I am a fellow California voter, a concerned parent, and I highly oppose to ACA 7 against the discrimination on the racial. Thank you for having us. My name is Yelling Mendiao. I'm a California voter. I strongly oppose this bill. Thank you. My name is Charlie Huang. On behalf of Elk Grove Chinese Association, we strongly oppose ACA 7. Thank you. I'm Kirk Thompson. I'm here on behalf of my wife and kids, and I would like you to vote no. Thank you. My name is Xiao Mei Zhang. I'm a voter and a concerned parent and educator also representing the business and housing network. I strongly oppose ACA 7 and urge no vote on the bill. Please keep the discrimination illegal. Thank you. My name is Nan Zhong. I'm a California parent, and I strongly oppose ACA 7. I'm with a nonprofit named Students Who Oppose Racial Discrimination, also SWORD for short, and we're currently suing the University of California for racial discrimination against the Americans. If I may take 20 seconds, I'll present two data points to the audience here. No, unfortunately, especially because I want to keep the rule consistent with everybody. I hope you didn't understand. Thank you. Yeah, I oppose. Anybody else? Seeing no other members of the public rising, I will turn it back now to the committee. I see Senator Gomez-Reyes with her hand raised. Thank you, Madam President. I would like to ask if you could respond to the opposition's argument. Would ACA 7 or narrowing Prop 209 allow for racial or sex discrimination? I'll defer to my witness. Yes, thank you so much, Senator Reyes, for your question. No, because why? Because the U.S. Constitution Equal Protection Clause is still in place. Why? Because California's state laws against discrimination is still in place. And those laws would still apply with or without ACA 7 As you know the California particularly the Equal Protection Clause for the U Constitution under that the courts have interpreted under strict scrutiny for the lawyers in the room. Strict scrutiny does enable for institutions, public institutions, to express compelling interests and to narrowly tailor their policies and strategies. Even the U.S. Supreme Court decision in the Harvard UNC case also makes recognition of the strict scrutiny analysis. This is an effort of California to basically say, let's go with federal laws on anti-discrimination, which the Supreme Court has upheld and spoken in several regards, including the recent one that the opponents have mentioned, but more importantly, allow California to close the racial student equity achievement gap, and to do so smartly, narrowly tailored to meet the needs of the students, all aspects of the students. If I may, I both agree and disagree. I apologize, ma'am. If the committee member does not request to seek out your response, then there's no back and forth that happens here. that there are rules in this committee, and that's how this committee operates. Senator Gomez-Reyes? Well, I just wanted to also make sure that we understand, because the Black Caucus, as well as the Reparations Task Force, made it clear in their report the urgent need to make sure that we clarify for all government entities what is permissible by law and the Supreme Court and what is not permissible. We made it very clear that if the Supreme Court has ruled on it, we don't touch it. It is the law of the land. But we also have to recognize as we use discrimination freely, and I think it's too freely, because there's actually two definitions of discrimination. So if you Google it, there's two definitions of discrimination. One is the act, practice, or the instance of unfairly treating a person or group differently from other people or groups on a class or categoric basis, such as race, religion, gender, and others. The Black Caucus knows something about that in our history, and we are vehemently against that definition of discrimination. But there's another definition of discrimination that I think is lost on us. And that is just the act of making or perceiving a difference. We have fruit on the table. There's an apple and there's an orange. There's a clear difference between the two. We have a group of students who need tutoring. we want to make sure that the tutoring though is done in a way that meets the specific needs of different groups and so we want to make sure that schools know that there is a specific modality to ensure that tutoring is more effective for African American students that doesn mean that other groups don get tutoring it just means that the tutoring is done in a different way to meet their particular needs And that is not illegal And so what we want to do is make sure that we clarify for everyone what is permissible, whether you're a county or a city or a school board or a school district. But the way things are being done right now and the broadness in which it was not intended to do is stopping people from getting the help that they need in a whole host of categories. It's stopping them from getting what they need that can improve their quality of life and their ability to thrive in the state of California. Thank you both for that. I heard from the opposition that this was allowing for discrimination, and as an attorney in reading your proposal, that's not what I read, but I wanted to have that confirmed. My other question is, how has Prop 209 affected racial equity in education? I would just first start off by saying that the reason why the Black Caucus is so supportive and feel the need for this is that… I'm sorry, Assemblymember Jackson. I want to make very clear that we do not have members of the audience that yell across the room or speak across the room while we have other members speaking, whether that is the Assemblymember or any of the witnesses here if we're engaging with them and asking them questions. If that is not something that members of the public can follow, we will clear the room. Assemblymember Jackson, you can continue. Sure. Sure. So we have noticed and we have seen in the data that there is clear disproportionality when it comes to how African American students are treated and based upon how other students are treated. And you can see it throughout the data, whether you look at discipline rates, whether you look at test scores, whether you look at all the different ways of doing it. And all the research shows is because we are not using the type of modalities that are helpful to African American students because there are districts who believe that they are unable to do so. And so Prop 209 has had a detrimental devastating effect on African American students in higher education and in the K through 12 system. system. And what we're trying to do is making sure that we correct those things now that we see decades of data that's moved forward. And I'll ask my witness if they want to answer any other. Thank you so much for the question and for your response, Assemblymember Jackson. There is no doubt that Prop 209 has created a chilling effect, arguably, understandably, around the area of contracting and employment, but ACA 7 still keeps those in place What the Black Caucus in particular is focused on is the public education component of it Immediately after Prop 209 passage there was a chilling effect on data collection even to even know the problems that we see today, the data that has been in the courts. And as we see today, we are able to collect data, not only for African American students, but for Latino students and for API students, and particularly around disaggregation of API student data, too. Two is there's been a chilling effect on outreach for a long period of time because of the fear of Prop 209 and what people thought it meant. That outreach, focused, targeted outreach, came to a halt. Fortunately, thanks to the legislature and various code provisions, you have resolved that, and it's become clear that focused, targeted outreach is allowed to ensure that everyone gets the news. So we are still seeing some elements of those chilling effects. I just gave you two very concrete ones of the past 25-plus years, and one of that is around addressing closing the student racial equity gap. It's persistent. We're having students fall behind unnecessarily. We need to see the students wholly. Thank you. Thank you, Madam President. Thank you. I want to make a note of something, just given that it's now noon. We have an hour and a half to get through nine bills. We've gotten through about 10 bills so far, and so I just want to highlight that for the committee, because I know we still have several questions. I know that we have members who want to ask questions of the opposition. And so I just highlight that so we can be mindful of time as we're going through this process. Senator Choi? Thank you. Many key points have been raised already regarding this bill by the opposing witnesses. California voters have repeatedly affirmed the principle behind Proposition 209 the government should not discriminate against or grant preferential treatment based on race, sex, or ethnicity. Yet, the SGA 7 moves California away from that principle. No, it doesn't. by opening the door to race-based decision-making in our K-12 schools. As the only Korean-American serving in the legislature, I am particularly concerned about the impact that this proposal could have on Asian-American students. We have seen the race-conscious policies disadvantage students who have worked hard to succeed academically. Families should never have to worry that their child's race will be used against them when determining access to educational opportunities. We should absolutely help struggling students, but we can do so based on income, academic need, language barrier, and other measurable challenges, not the race or color of the scale or ethnicity or country of origin. Race should never be a determining factor in K-12 education. As you know that many affirmative action discriminated against Asian students in college admissions before so many lawsuits rose out of that. Let me ask you a question. Can the author identify the specific educational programs that the California schools are currently prohibited from offering because of Proposition 209 and explain why existing need-based programs are insufficient. In other words, any students falling behind academically in the classroom, regardless of their ethnic, race, base, or skin color, they are entitled to get the support, and they are getting the support. Senator, they're not getting the support. That's why we're doing this bill. So can you specify what programs are prohibited because of these racial differences that they are not learning, they are not getting help? Well, as I've stated before, and that's within the analysis, is that we're saying that we're clarifying what it is because it's being overutilized at this time. And we specifically stayed away from higher education because, number one, the Supreme Court has done a ruling on it. And we understand the concerns of our API brothers and sisters when it comes to higher education enrollment. And so we don't touch that in this bill. Now, one thing that we know is not happening in our higher education, I mean, not higher education, our public education programs, is that we know and research shows, and I'm more than happy to give you as many journal-authored, peer-reviewed research on this. And that is that different groups have different ways of learning. And have and in many cases is through cultural differences. And it just so happens when it comes to African Americans is that our culture is also tied to our race. And it is due to a very, very much concentrated effort. since before the founding of this nation, that we have a set of experiences that if they are not honored, they are actually creating harmful educational environments to us. Now again, and this is what I think is important, because I'll never expect you to truly understand my experience, like I'll never truly understand your experience. But what I am, what we're asking you to do and what the Black Caucus is asking you to do is understand that we're not making this up. And that we have seen over decades I seen it going through the educational system myself here in California That we are treated differently. We are not given what we need in the way we need it. And just like in this bill, we have honored the API's community's experience by making sure that this has nothing to do with admissions into any programs. This has nothing to do with access to any programs. What this has to do is says is that we both get educational support, but it may look differently between us two because we might learn differently. We might accept information differently, which is also a scientific fact. And so as you all are going through your talking points right now, I'm asking you to respect the black experience. And not try to use your own experience that is different from mine as a weapon against me. Because that is not right and I would never do that to you. So at the end of the day, what we're saying is, is not to give us more than anyone else. But when you give it to us, like you're giving it to everyone else, give it to us a little differently so that we can make sure that we benefit from the services that we're getting. Your explanation raises many questions. I've been a teacher in the classroom, in university settings. When I have students like this, I don't teach differently. I teach my way, and there are many different races. And then obviously God created individual differences. Some do well in many things, some do average, some don't do well. And that color or race doesn't mean anything. Even we had Barack Obama president excelling so well. And not necessarily that's a black caucus is concerned that the black race will learn differently. Does that mean that the Asians learn differently, white people learn differently, some other races of people will learn differently? I mean, in the classroom situation, we teach all one way, the teacher's way, according to curriculum or methodology they have learned. And obviously, regardless of race among what about 50 people here, some will understand very well, but some may lag. That is a natural phenomenon. So that means are you suggesting that, hey, certain group of people, racial group learns differently? That means then if that's the case, then by the race-based classrooms we should be created? I don't understand that. We should be all treated well and if there some people need it regardless of skin color or race their background of male or female should be treated equally and they should be provided extra help which we do And this constitutional amendment proposal. It doesn't have to change the basic principle of 209 to eliminate any form of discrimination based upon race or ethnic background or color or skills or ethnic origin, whatever. You know, but this is changing the Constitution saying that treat me differently away from the principle of 209. Don't you agree? I don't agree on the basis of a few things. Number one, we're talking about K-12 education, which is a totally different pedagogy than it is for higher education. Secondly, just because you say you've provided me an intervention doesn't mean that I benefited from it. what's equally as important is how that intervention is delivered. And what I'm saying is, is that there are specific ways that we know that are more, better outcomes by the way the intervention is given, not just the fact that you gave an intervention. And what we're saying is the current interventions that are being provided to our children are not sufficient. And Prop 209 at this point, as it's being understood, is a hindrance for us getting what we need. And so all we're asking for us to do is to clarify so that making sure that everyone knows what can and cannot be done. And at the end of the day, it still upholds the intent of Prop 209 as well. I'm sorry. Unless the Senator Choi request for you to respond or to offer comment, we can't have a back and forth. And, you know, I want to remain consistent on that with everybody because this is about creating a fair process. Senator Choi, do you have any other questions? I have both Senator Kaboldan and Senator Ocho both have questions and comments. The urgency of the time, we need to finish this one, but this is very important enough that requires a constitutional amendment, so that takes time and a lot of idea exchanges. is a very important issue is right now being discussed. Intervention is fine, it's welcome, but it is done differently because I'm different race. I don't understand that. So that means the teachers will have the teacher preparation teacher preparation class should be raised hey when you are teaching certain A type of race teach this way B type of race teach that way So are you suggesting that which I don agree I don understand that at all

Pedro Ibarra Mejiawitness

No, we're not suggesting that.

Chair Sasha Renee Perezassemblymember

So you...

Pedro Ibarra Mejiawitness

I've been very clear. It's not effective for certain... What I'm trying to, and I really need you to listen to every detail of my words. What I'm saying is, is that when everyone is receiving, everyone is a diverse classroom.

Chair Sasha Renee Perezassemblymember

They're receiving the same teaching modality.

Pedro Ibarra Mejiawitness

Yes. And then after that, you are starting to see that there are some in the classroom who are not receiving the information so that they can actually know what's going on in terms of learning the material. What we're saying is, is that there then needs to be interventions, usually done after school.

Chair Sasha Renee Perezassemblymember

Yeah, extra help.

Pedro Ibarra Mejiawitness

Extra help. So what we're saying is, though, when you receive that extra help, there's different ways on giving that extra help. And what we're asking for.

Chair Sasha Renee Perezassemblymember

Why does it require a constitutional amendment?

Pedro Ibarra Mejiawitness

But that's why you're not listening to me. The Black Caucus is saying that it is necessary because what we see on the ground. And so it may not be necessary for you and your community, but it is necessary for ours. And so what we're saying is, and unfortunately, there are, you use the word race, I use the word culture. It just so happens that the way we have been treated in this country, that race is tied to our culture. And so for us, it's the same thing. But for you, it could be different. And so what we're saying is, is that we know that there are clear ways that we can improve academic outcomes for different groups. But the way to do that will require us for doing something differently than what we're doing today. And when we advocate at the local level about what we need, the constant refrain is we can't because of Prop 209. So this ACA clarifies what you can and cannot do and still upholds the Supreme Court rulings that have come down when it comes to issues of unfair discrimination.

Chair Sasha Renee Perezassemblymember

I fully understand, and as a minority member myself living in this country, all different forms of discrimination I have experienced. And black culture, since you are preferring to use the rather than raise the culture, black culture, I understand how important that equal treatment was necessary. So 1964 civil rights movement led by Martin Luther King, notably, and through the struggles of history that we know of, ups and downs, ugly and beautiful, all different ups and downs, that you have achieved, we have achieved, and other minority members who have immigrated after that civil rights movement and rights has been somewhat achieved, we appreciate it. So I really appreciate that approach that black culture has raised and demanded the equal treatment against any form of discrimination. Treat me, we are human beings. Treat me the same way. That was the basis of the civil rights movement, right? But now you are telling me, don't treat me differently. We are different. So that's contradicting.

Pedro Ibarra Mejiawitness

No, it isn't. But I mean, I would love to have further conversation with you. I think that this actually has been a healthy discussion, by the way, so I really appreciate it and has allowed for us to offer more context. But I just think that we're coming to two different conclusions. And I respect what your argument is. We're just making the case that all of our research shows as an African American community says that Prop 209 continues to have detrimental harm to our community.

Chair Sasha Renee Perezassemblymember

All righty. I'm going to go ahead now and turn it over to Senator Cabaldon, and then we're going to go to Senator Ochoa Bogue after. Senator Cabaldon?

Christopher Cabaldonother

Thank you so much, Madam Chair. And I have a couple of specific questions for the witnesses. But just as a preface, you know, having being one of the three API members of the Senate and having served on the Asian American admissions committee at UC Berkeley and having worked pre and post Prop 209 in this space and trying to grapple with it. I appreciate why we're here and we're dealing with the constitutional amendment because Prop 209 inappropriately amended the Constitution. The Assemblymember is not proposing a constitutional amendment for no good reason. There's no other way to achieve the objectives that he's trying to get to. But I have a couple of questions for the witness, and it's partly in the context, even though I've worked on this and supported Proposition 16, I think the specifics of this issue aside, the choice of the legislature to place on the November 2028 ballot, which may be the most important, even though we say this every time, the most important election ever for the entire world, that we have to pay close attention to what we're doing in that election. And I want to understand in particular how and why we think the result might be differently, but also I'm reflecting on what does it mean for that election if we center it on this question. But both the opposition and the support made some pretty broad claims here, but without really any specifics. And so I want to really get into this because we should abolish the notion that pre-Prop 209, it was an equity nirvana. That, you know, before Prop 209, that black and brown and Asian students were plentiful on campus and succeeding. And it was not the case. It was not the case. When all the tools that we say now are essential were there, we were only slightly further behind than we are today. And so let me start with the support witness if that all right Madam Chair because you indicated this would allow us to close the equity gaps And we haven actually heard any specific which is why I laid this question about what specifically are we talking about If it's not admissions policies, which a lot of the Prop 209 research afterwards showed, it was admission policies that caused the decline in black student admissions. If the bill doesn't touch that, what magic counseling or tutoring program is going to reverse centuries of structural and institutional discrimination that has created this? So, you know, UC's own advice has been that programs targeted by race or gender that don't provide preferences and benefits that aren't generally available to all or that are not targeted by race or gender but are targeted by factors that support the mission. There's a whole set of criteria out there. Can you give one or two examples of a project, a program, or a policy that we have reason to believe would make a breakthrough in terms of equity, particularly for African-American young people in California?

I would say I would probably know better than she does. I'm happy to answer, but I'm always mindful of the sponsor of the bill.

Christopher Cabaldonother

Fair point.

I've given one of the examples of the idea of when additional academic assistance is being provided.

Christopher Cabaldonother

There are clear modalities.

For instance, the Freedom School model that has been adapted to improve literacy for African-American students. And that entails the choice of curriculum, the choice of books, and the way that you deliver the lesson is a clear Afrocentric intervention to improve the literacy rates of African-American students. that is unlike any other program and that delivers the best results for African American students. So I would say that was the first.

Christopher Cabaldonother

But are school districts or colleges or others currently interpreting the law to prohibit that model?

Because I think that's the question.

Christopher Cabaldonother

Correct.

And the answer is yes. has tried to adopt more and more of these kinds of models, but this obviously applies to all of public education, not just to UC.

Christopher Cabaldonother

Correct. And the answer is yes. Would you agree?

Absolutely. Because of what we talked earlier about, the chilling effect of what people see as what Prop 209 is and is not.

Christopher Cabaldonother

And so two comments. First of all, it's a two-minute remark. I'd love to unpack more because these policies and strategies in the last 25 years, there's been more research around the work.

You're absolutely correct.

Christopher Cabaldonother

It wasn't Nirvana 25-plus years ago.

But we have been getting much more research around growth mindset, stereotype threat, belonging. We heard the prior bill around the issue of belonging, etc. There's been an enormous amount of research around being able to close the racial student equity gap based on these great scholarship work. And there's been pockets of success within them that we have seen.

Christopher Cabaldonother

There fear of that We talk about I really appreciate Senator Choi comment I want to stay narrow to the question I also have a similar question for the opposition just very narrowly on specific programmatic. I'm familiar with the research and I agree. It's a very large claim to say that these edge cases, essentially things that are currently not allowed or not perceived to be allowed by Prop 2 and I, but would be, despite the Supreme Court's, not just its direct ruling in the Harvard case, but also more generally the legal principles and standards that have been set forth, that there is a set of programs and policies that would result in that. But let me turn to the opposition, which is the opposite question because you've described this as about the fears about discrimination, what have you. Given the federal jurisprudence on this and the exclusion of admissions and what have you, can you describe a specific, you know, program or policy that your concern would become legal under this, under ACA 7 that is not currently legal under both state law and the Constitution and federal jurisprudence?

Well, I just should start by saying, of course, I've said that anything that gets instituted under this is going to go into court and will almost certainly lose.

Christopher Cabaldonother

Yes, but that's not my question, so I would ask you to.

So is there anything that would survive? I don't think so. Nothing that's being suggested. Now, it has to be litigated, and it's going to, in the meantime, be the subject of Title VI compliance things from the federal government. So that could well cause the University of California and Cal State University to lose their federal funding. And I think that's the point I was trying to make, that this is a tremendous risk to these universities. I think the big ticket item here is going to be financial aid. All across the country, it has been routine for the last few decades for schools to basically surreptitiously discriminate on the basis of financial aid, which is kind of a very odd thing when it's given that when we're talking about higher education, students fill out their FAFSA form. We know which students need. And yet, and yet, and yet, and yet there's a lot of it. Excuse me, I still have the floor.

Christopher Cabaldonother

The question is at my discretion. So, but my understanding of your testimony and your response just now is that you believe that even if financial aid started to be, you know, applied differently in California based on this legislation, that it would still be violative of federal case law.

Yeah, they have to go to court.

Christopher Cabaldonother

But the essence of my question is, what is it about a modification or a repeal of certain provisions of Proposition 209 that would open the door that is not already, that's discriminatory in your view, that would not already be protected from your point of view by the federal case law?

I think once the stories get out, and most of this is hidden, so it can't be litigated easily, but once the stories get out, I do believe that the court, as presently put together, would find that this is unconstitutional. I think it's a pretty easy case for most of all of this. Remember, Prop 209 only prohibits discrimination and preferential treatment. So all the talk about things that aren't preferential treatment, aren't discrimination, they have nothing to do with Prop 209. But it feels like in this room we're actually debating Brown versus the Board of Education instead of anything else.

Christopher Cabaldonother

Thank you. Thanks very much for your response. I think the do you have a specific okay a specific Very specific Again a specific program that would not be barred under under your understanding in Menor of federal case law and in Supreme Court decisions but would be allowed under Prop 209 that currently is not

Okay, so Californians for Equal Rights Foundation sued UCSD regarding their grant, specifically only given to one race, and we sued them last year, and they immediately rescinded the program, even though it was 42 years old. And it would be permitted if ACA 7 were passed. Because that lawsuit was under the terms of Prop 209 and not under the terms of the Equal Protection Clause or other federal case laws on discrimination? That one was litigated in both federal and California constitution.

Christopher Cabaldonother

Okay.

Another case.

Christopher Cabaldonother

Madam Chair, I know that the time is tight, but I do think this is an important issue. It's why Proposition 209, I didn't support it in the first place, but it's certainly not contributing today to these protections because the federal case law and the decisions of the Supreme Court and the changes to the standards for every topic, every program, every policy that Proposition 209 way back when in the last century was intended to prevent from a discrimination perspective. federal law now does that already. And so we haven't heard under a lot of questions of any, not a single example of a program that would be up, would not be defeated at the federal level, but that would be allowed if this bill were to proceed that would advance discriminatory outcomes for any California, including API Californians. So I'm not totally convinced on the other side either, but it does seem to me that the concerns about this measure opening up lots of discrimination are not well-founded, given the changes in the case law that already exist. So thanks, Madam Chair, for the indulgence on the time. Thank you.

Chair Sasha Renee Perezassemblymember

Senator Ochoa Bogue?

Rosilicie Ochoa Boghother

Thank you, Madam Chair. And I'm trying to go as quickly, but I think I resonated with the same concerns as Senator Choi and Senator Cabaldon in that I'm still trying to look for the modalities that you are trying to be able to basically have access to that are not currently available now, that could not be possible right now with our current system with Prop 209. And I'm still trying, and I know you said the Freedom School or the Freedom was an example, but I'm still trying to look to see what modalities are you referring to that need a race exemption in which you are trying. So that's what I'm trying to get at right now on that end. And I still don't quite understand where that race, because I understand that race and culture are the same, which is why I would probably argue on the sense that, well, if it's culture, then there's nothing that you could have access to that would prohibit you from contracting with such a service. but I'm trying to understand what modalities you're looking for, what resources you're looking for that do not allow you to use the culture-based under a current system.

Pedro Ibarra Mejiawitness

Okay, I will refer to my opening statement, and that is ACA 7 aims to clarify Section 31 of the California Constitution to curtail the abuse and misuse resulting from improper application of Prop 209. So as you can see, we don't make very many changes to Prop 209, but we add clarifying language to make sure that local governments or any agency in the state or locally understands more clearly what Prop 209 is and what Prop 209 isn't. Because as you know, that even without a lack of clarity, it can still stop things from being done, even though legally it may still be available. So that's why we stress the fact that we're clarifying what Prop 209 is and what Prop 209 is not.

Rosilicie Ochoa Boghother

And I understand that concept, which is why I'm trying to, for the record, try to bring light into what modalities or what services are you looking at that involve race or that clarify with your particular Constitution amendment that is not available right now. What does that look like? What is that so that we can understand what that is?

Pedro Ibarra Mejiawitness

Well, I think the simplest example that we already gave was the idea of making sure that the type of educational help or assistance that's given, that making sure that school districts feel, from a legal standpoint, that they are able to use current research and interventions that are research-based, that are specific to a population,

Rosilicie Ochoa Boghother

Examples?

Pedro Ibarra Mejiawitness

Well, I said literacy is one example.

Rosilicie Ochoa Boghother

But how is that delivered differently, which is a race or a culture component or a race component?

Pedro Ibarra Mejiawitness

That is delivered differently by, number one, making sure that it may be a different selection of books that are being used for literacy.

Rosilicie Ochoa Boghother

So culture.

Pedro Ibarra Mejiawitness

Correct. It could be making sure that there is more interaction in the intervention. Making sure that.

Rosilicie Ochoa Boghother

Examples, where was the race-based part of it?

Pedro Ibarra Mejiawitness

An example of, well, I mean, that's our point. It's more cultural-based, not race-based.

Rosilicie Ochoa Boghother

Okay, culture-based.

Pedro Ibarra Mejiawitness

Right.

Rosilicie Ochoa Boghother

So what does that look like that cannot be done right now?

Pedro Ibarra Mejiawitness

Well, again, it's not about cannot be done. is clarifying to make sure that districts know that it can be done.

Rosilicie Ochoa Boghother

I understand that.

Pedro Ibarra Mejiawitness

But what does that look like that would bring hesitation to the forefront about school districts applying that modality or that? Well, the problem is that because our culture is directly related to our race, the fact that they would say, okay, it's time to provide literacy and literacy intervention. And so we are going to make sure that we provide in one classroom, there may be one modality used, in another classroom there could be another modality used.

Rosilicie Ochoa Boghother

That still not answering the question as to what is it that would prohibit the evil doubt Again it not about prohibition though That my whole point You focusing on prohibition

Pedro Ibarra Mejiawitness

We're focused on a permissive language, not a restrictive language.

Rosilicie Ochoa Boghother

Permissive language, because right now the hesitation would say no because of why.

Pedro Ibarra Mejiawitness

Why is that? Oh, because we can't do something specific. we cannot provide an intervention that's specific to African Americans.

Rosilicie Ochoa Boghother

Such as an example.

Pedro Ibarra Mejiawitness

I already, I'm trying to, maybe you don't understand. The example is a modality such as the Freedom Schools model, which is a whole different curriculum and a whole different way of actually teaching it. And I'm more than happy to provide you with what that curriculum is.

Rosilicie Ochoa Boghother

The public needs to understand, Dr. Jackson, is that I don't think people really understand why this is needed as to what practices are not available right now or accessible if it's based on culture. And that's what we're trying to figure. That's what I'm trying to get that out of you so that people can understand what exactly is not able to be provided right now that you need to have clarification as to what this means. Because otherwise, all they're going to focus on is you're providing preferential treatment for someone based on race rather than trying to clarify what practices are not currently available.

Pedro Ibarra Mejiawitness

right now because of Prop 209.

Rosilicie Ochoa Boghother

And I think that's where I'm trying to come.

Pedro Ibarra Mejiawitness

I would refer the public to Ed Trust West Black Minds Matters report that outlines a whole plethora of things that many schools are reluctant to do.

Rosilicie Ochoa Boghother

Okay. Because culturally speaking, one of the things that I was looking at, and, of course, as you said, you know, I'm a Latina. I can't speak for your experiences, but overall, I think we're human. And as human beings, I'd rather focus on what we have in common and try to focus on that end. And as a student, as an English language learner student that I was as a child, I can tell you that, you know, I had experiences that you probably did not experience, and I completely understand, but it was more of, you know, language accessibility when I was a kid. I was eight when I started learning English. opportunities that I missed because I didn't speak English properly, math experiences. So there's a lot of things that I can look at academically, language barriers that were not available at the time when I was a child in Hawaii, especially in Hawaii when I was a kid, that I can understand based on needs, right? So that's why I'm trying to help you make a point. But I don't think we're getting there. I don't think any of us are getting to the point that we're trying to get that across. But regardless, there are things. So that was my question. I do have a question for Dr. Harriet. Give me one second. Madam Chair, through the chair, of course. I'm trying to be. Let's try to be.

For Dr Harriet you suggested that if the Justice Department under Trump DeSantis Rubio or Vance decides to undertake a compliance investigation of the UC or the CSU systems it could end up costing billions.

Rosilicie Ochoa Boghother

Why would that be and how does federal law apply here?

Well, you know, what ACA 7 attempts to do is to loosen up Prop 209. It exempts only those things that came under students for fair admissions. That, you know, only admissions. That leaves open lots of other things, lots of other things, including financial aid, including lots of things that higher education could engage into. So, you know, what people need to understand is that the federal government has the ability to cut off all the federal funding that is received by any given entity, such as the UC system or the CSU system, that's in violation of Title VI. And as I suggested to the senator here, the things that this would authorize would be violations of Title VI. And so they aren't limited to cutting off the funding that is specifically related to the activity that the discrimination is going on. So if the financial aid office is discriminating or, you know, some other office within these systems is discriminating, that doesn't mean that they can only cut off the funds that deal with financial aid. To the contrary, they can cut off all the federal funding. It has not always been that way. There was a Supreme Court decision in the 1980s, Grove City v. Bell. And in that case, the Supreme Court said, no, the federal government only has the ability to cut off a piece of the funding, the part that has to do specifically with where the discrimination is found. But civil rights activists hated that decision. They went to Congress and they said, no, no, no, no, we want the federal government to have more power. We want them to be able to cut off every nickel that the federal funding recipient gets. So Congress passed that law. President Reagan vetoed that law, saying that's putting too much power in the hands of the federal government. They shouldn't be able to completely cut off federal funding. But Congress overrode that veto. And as a result, we're now in a situation where the federal government is in a position to really play hardball when they think that something is discriminatory. And just recently, Columbia University had to fork over $300 million in their federal funding because of what the Trump administration considered to be a Title VI violation. Well, the UC and CSU, they're about 20 together. They're about 20 times the size of Columbia University. Columbia University is a small private university. So if we can just look at it in terms of 20 times larger, figure that the federal funding may be about 20 times greater, we're talking about billions of dollars. I suspect, you know, it would be less than the 6 billion times 20, the 6 billion times 300 million times times 20 is 6 billion. But the risk here to these universities of attracting the attention of first the Trump administration, and now if there's a DeSantis or a Vance or a Rubio or some other conservative president elected in 2028, the risk to these universities I think is very great.

Rosilicie Ochoa Boghother

You basically taking you know the red cape and waving it Thank you I appreciate your answer I think I will not be supporting the bill today but I do want to emphasize the fact that aside from economics, aside from, you know, economics probably being the underlying need, which, you know, many a times we don't have or students come in without a lot of financial security. There's a lot of needs, you know, experiences that are not are not provided for. And so I I look more of an economic perspective as far as trying to address the, you know, a lot of the needs for, you know, you're talking about the whole child. With the local funding formulas that we have right now, you know, really focusing on our English language learners, focusing on economic disparities that we have that impacts many black and brown community members, and opportunities when it comes to education as far as, you know, reading material. We have ethnic studies right now where, you know, depending on the school demographic, the schools can cater literature based on the ethnic makeup of those particular schools that would, you know, incentivize different cultures to be able to have more keen interest in what is being taught, you know, to try to get them in and get them engaged into reading perhaps or history, whatever it may be. I think we have a lot available within our scope of resources and funding that we give our low social economic demographic, the additional funding that schools receive based on that. Also, you know, when we have our schools that have 55 or more of their student population not meeting the economic threshold of financial security, they get additional funding for schools. And then how those schools, that administration goes and contracts for services or provides those services to meet the needs of children's reading or math or physical, psychological. We have so much available right now, and I haven't seen where and how, what specific practices are race-based. And I know it's, you know, going back and forth with the culture race. But I don't see anything that would need or suffice to or not suffice, but need race to be excluded or needed or exempted that could not be under the cultural practice, such as, you know, when I met, you know, if we had a predominantly black school, why they couldn't have more books on the black American experience or history. So I really, I'm not seeing where we're missing at that point. So with that, I'm going to respectfully, I have other cats, but we can talk separately on that end. But I don't see the justification.

Pedro Ibarra Mejiawitness

I'll put the example in my closing remarks.

Rosilicie Ochoa Boghother

Then we can have a follow-up conversation. Thank you for bringing this forward and thank you to our witnesses. And I will respectfully not be supporting the bill today.

Chair Sasha Renee Perezassemblymember

All righty. I'm going to go ahead. ahead and close us out. I certainly had questions for the witnesses. There's no longer time for that. We have about 40 minutes to go through nine bills. So a number of things. First and foremost, ethnic studies has not been implemented. We have not allocated funding towards ethnic studies. And so we've not gone through full implementation. And so I just want to make that very clear to everybody in the room until we have money that is appropriated. We will not see ethnic studies be implemented. I know there's some school districts that have taken it upon themselves to move forward their own policies. That is their prerogative, but the bill that we passed here at the state legislature has not been implemented. That's first and foremost. Second of all, I want to be mindful of something that Senator Cabaldon also mentioned, which is placing this issue onto the ballot. I'm not sure how many people in the room were there for the Prop 16 campaign. I was. I worked at the Campaign for college opportunity at the time. And frankly, I did not see an effective job being done of reaching out to our communities of color and explaining this issue. And it was frankly embarrassing. And I was really disappointed. And I saw my community, communities in the San Gabriel Valley, be left behind and left out of the conversation. This conversation around affirmative action, Prop 209, the reason that we even have these discussions, the concerns about the equal Protection Clause, all of these discussions that we're having here. Assemblymember Jackson, what you are trying to get to is making sure something that this gentleman was kind of speaking to a little bit earlier, and that is being able to provide funding, grant funding, right, to specific groups so that we can create specialized programs to support students based off of their specific needs. Now, I'm familiar with this because before I came to the legislature, I used to do research that was focused on different groups, including our Asian American communities, as well as our black communities, our Latino communities, and all of the nuances there. And what we have found repeatedly, and particularly for the API community, is that there is a lack of understanding of the needs of this nuanced community because we do not disaggregate data. And so because our school districts get so nervous when they're going through and implementing programs to try to address the specific needs of our diverse groups, they shy away from doing so because they worry that it violates Prop 209. And so I went to a school where we had no white kids. It was all Latino and Asian. And so when our school was moving forward, programs that was at the time before Prop 209 passed focused on helping our API community understand the history of the Asian American struggle here in the United States to help our immigrant API students establish a sense of belonging within the school district. those programs went away because there was concerns that they were discriminating against students. When we have, as there are several bills in this space that are trying to move forward, HSI or BSI programs, there's no funding attached to those programs. We just recognize that those institutions are serving a large number of Hispanic students or a large number of API students or a large number of black students. we don't apply any funding towards those programs because of Prop 209. I am of the personal opinion that I think that it would be a good thing It would be a good thing to provide additional financial resources to try to address the specific needs of the API community of the black community of the Latino community I understand that there are some folks in this room who disagree. So I am supporting this bill. I have concerns, as I've mentioned, about what this is going to mean should this ultimately get placed onto the ballot. I understand the legal concerns that have been raised. That is obviously something that needs to be explored. But we do need to do a better job of communicating to our own communities why these issues are important. Because, frankly, there is so much misinformation around these issues that I've heard over the last 10 years. And we need to get better at describing how we can create and target programs to improve better outcomes for everyone. I want to see all of our diverse communities succeed. And that's my job here as the Senate Education Chair. So there is work to be done here. I want to be super clear, including the partners. I'm very familiar with the Education Trust West. They know me very well. Chris Nellum is a good friend. We have our work cut out for us. So, Assemblymember Jackson, I will turn it over to you to close.

Senator Choisenator

Thank you very much, and thank you for your patience, and thank you for the thoughtfulness of all of our colleagues. You know I love you dearly. Two things. Number one, in terms of a specific example that the Black Caucus has run into, I'll refer you to AB 2774 by Wilbur Pearson about two years ago where we tried to make sure that there were LCFF dollars targeted specifically to student groups, the lowest achieving student groups. And because the lowest achieving groups, the lowest achieving group were African Americans, we were told we cannot direct funding towards them. Because even if you go by economics, it is still not getting to the students who need it the most, which is why in local control plans, you start to see this category of it helps every student. And every time you say every student, Every time you say anything less than what it is, a particular group, then the funding actually never gets to them. And ever since the local control funding formula existed, we have seen that. But we were particularly told that we cannot do it because of Prop 209. And that's in regards to the LCFF. The messaging is equally as important. And the reason why we tried to get this done last year, but because of our traditions, we always wait to the last minute that only gives us max five months to make the case on some of the most complicated issues. So why do we move it to 2028? So we can actually get the time to educate people and to put together the case in a respectful way that it deserves. But if we continue to do it the way we've been doing it, we never make the time to make sure we fully educate communities on the complexities of issues like this that incorporates history that incorporates trauma that incorporates various dynamics depending on the various diversity of California And so the Black Caucus sees this as one of its top priorities and really an existential threat to our ability to be able to thrive here in California. And we see it time and time again. We're not making these things up. These are real things. And if the shoe doesn't fit, then it doesn't apply to you. But that doesn't mean that it should not apply to our specific circumstances. And again, we do not touch higher education. We do not touch any type of preferential type initiatives. But what we are saying is if there's groups that we see that are falling through the crack, we need the ability to rescue them. And that's all the Black Caucus is asking for us to do. So with that, respectfully ask for an aye vote.

Chair Sasha Renee Perezassemblymember

Thank you. So the motion for ACA 7 is be adopted and re-referred to the Senate Elections and Constitutional Amendments Committee. Do we have a motion? We have a motion by Senator Gonzalez. Secretary, can you please call the roll? Senators Perez? Aye. Perez, aye. Ochoa Bog? No. Ochoa Bog, no. Cabaldon? Troy? Cortese? Aye. Cortese, aye. Gonzalez? Aye. Gonzalez, aye. Reyes? Aye. Reyes, aye. All righty. Thank you very much. We will put that bill on call. We're going to very quickly take Assemblymember Ransom. Assemblymember Ransom is presenting two bills And then I saw Assemblymember Fong in here a moment earlier We are going to have to transition to another room at 1.30 So we're going to try to move as quickly as we can Because this committee room needs to be used for health committee So if everybody could be brief in their comments and move quickly, I would appreciate it. Thank you Oh, no, never mind. Hi, how are you? All right. You ready? All right, good afternoon. Well, it is afternoon now.

Senator Choisenator

Good afternoon, Madam Chair and Senators. I'm here to present Assembly Bill 1659. This is an important bill to ensure that court school students receive adequate support when they transition into school from detention back into their home districts. This bill builds upon California's longstanding commitment to protecting vulnerable youth by bridging the gap in transition and supporting the process. Current law requires the county offices of education to have designed transition or designated transition personnel that assist students as they enter and leave court school. Yet there is no requirement for corresponding personnel at the receiving school district. The process of youth transitioning from court school back into their home school district is a crucial step in their reintegration in our communities. Without strong transitional support, our youth are subject to delays and even failure to successfully re-enroll. This bill supports the transition between court school and home district schools by requiring a receiving district to designate an existing staff member to support the student when re-enrolling. Additionally this bill will clarify existing law that requires the assignment of course credit to be completed in two days for all highly mobile youth including migratory children and newcomer students Further clarifying this timeline would support these students in continuing their education without the additional academic disruption and potential long delays. AB 1659 centers the most vulnerable students in our education system and provides them the necessary support for the students during the high risk transition periods. With that, I respectfully ask for your aye vote. Oh, and with me, I'm so sorry. Today, I have in support Jessica Good, who's the principal of Butler Academy, and Joy Hernandez, who's a staff attorney at San Mateo Legal Aid. And I'll now turn it over to my witnesses. Can you hear me? Oh, awesome.

Senator Choisenator

Good afternoon, everybody. My name is Joy Hernandez, and I am a staff attorney with the Legal Aid Society of San Mateo. Prior to my current role, I worked with the National Center for Youth Law, where I oversaw an educational support program that served over 370 juvenile justice impacted students in Santa Clara County from 2018 to 2025. During my time with the program, my team supported many students navigating the transition from custodial facilities back to their school in the community. In that process, we saw students and their families struggling to navigate re-enrollment alone and missing opportunities to access key educational protections that were intended to support them with getting back on track. In our program, we had one student who unnecessarily repeated chemistry because his transcript and credits were not transferred over. Other students experienced IEPs getting lost in the shuffle, which led to delays in getting entitled classroom accommodations. And in some of our most challenging cases, students experienced weeks-long delays in being placed at a school despite being eligible for immediate enrollment. The effect of these mistakes on students was significant. As students who already felt disconnected from school, the delays reinforce the feeling that school is not a place for them and increase the risk of them dropping out. Over time, however, we saw that in districts where dedicated staff were overseeing these transitions, students were able to be much more successful. Students accessed the classroom quicker, accessed foster youth education protections, got enrolled in the right classes, and were connected to campus staff who supported their integration back into their campus. AB 1659 reinforces this best practice and ensures that receiving districts have a key point person to support our students in their journey back to their community. More importantly, it closes critical communication gaps and ensures that our students do not fall through the cracks. For these reasons, I respectfully request that this committee vote yes on AB 1659. Thank you. Good afternoon. My name is Jessica Good, and I'm the Director Principal of Court Schools for Alameda County Office of Education. I oversee the schools for students in the Juvenile Hall and Camp Sweeney. Pre and post release, we work in partnership with receiving districts to make sure that students are prepared to return to districts and districts are prepared to receive them. We arrange a warm handoff and create an open avenue of communication. That's key so we can continue to provide any additional support and information to the district as well as to the student and family. When we do have warm handoffs and can connect a student to a human being in the district, the student feels at ease and welcomed and knows there is someone they can count on in the new setting. This connection is extremely important, especially for my students who have a very fragile relationship with education. In the court schools, we help students heal from their educational trauma, build their academic self-conception, and strengthen their self-advocacy skills in preparation for their transition out of the hall and into district schools. The focus of our transition work is to effectively reconnect students to their next district. That work is much more successful when there is a designated school. person at the district who's responsible for partnering with us to welcome our student and support them. When we don't have a partner that holds this work with us, we see students fall through the cracks. Students may fail to attend school, fall more behind academically, and break their connection to the support systems they need, which can lead to students ending up back at the hall. AB 1659 will ensure that there is a caring adult in place at every single school District to work with the County Office transition teams so students returning to school from carceral facilities feel wanted, welcomed, and supported. In supporting this bill, you're supporting our most vulnerable students to succeed. Thank you for your time and consideration.

Senator Choisenator

And Madam Chair, our last witness is here for technical support, Lucy Salcido. She's the Director of Policy and Governance with the Alameda County Office of Education. Okay, thank you.

Chair Sasha Renee Perezassemblymember

Appreciate you being here. Any witnesses to offer support testimony, please use the mic at the railing.

Senator Choisenator

Good afternoon. Christina Salazar with the Riverside County Superintendent of Schools and on behalf of the California County Superintendents in strong support. Bella Kern on behalf of Santa Clara County Office of Education in support. Aiden McBride. Sarah Kaminsky on behalf of the Association of California School Administrators in support. Vanessa Flores on behalf of Alameda County in support. Thank you. Sadabaj is with Children Now in support. Sam Nasher on behalf of the Los Angeles County Office of Education in support. Addison Peterson with the California Alliance of Child and Family Services in strong support. Thank you. Bella Kern on behalf of San Francisco Unified School District in support.

Chair Sasha Renee Perezassemblymember

Thank you. Now we'll take witnesses in opposition. Do we have anyone here in opposition? Seeing nobody rising, I'll turn it back to committee members. Do we have questions or comments? Senator Cabaldon?

Senator Choisenator

Yeah, thank you, Madam Chair, and also thanks to the author for our conversations about the bill as well and her clarifications of what's going on with it. I do want to just point out for the bill that the bill allows districts and county officers to designate an existing staff person and not a new one. That said, I do want to and I'm going to support the bill today. I think I appreciate with the author's leadership and work on this. On the fiscal side, just to point out, because I know I think it's the case for the author as well. But several of the districts and county officers in my Senate district already do this. They're doing the best practice. And just the fiscal challenge that we have to grapple with is that when we require the addition of a staffer or even the designation of a staffer here in Sacramento, that means now that those districts, and I'm glad to get them the money, but it means the districts, school districts and county officers that are already doing it will now have to be reimbursed by the state for the same activities they were already undertaking. That means, given that Proposition 98 is a fixed amount of money, it does mean less money for other K-12 purposes. And so we, that's why it's important, you know, that's one of the, it's why, speaking to the Assembly of Remetta, we have to be very, very cautious and humble about how much we tell school districts and county offices exactly what to do. Not in the policy domain but how to organize their daily activities and their operations and their spending because then that imposes direct costs not just on us but really on the rest of the school system So I going to support the bill today We have that question in appropriations as well But it's not a problem in the bill in any way. It's the normal way in which we do business. But it's just a highlight that even when we're asking existing folks to do something, it does mean that under the Constitution for us, we would now be legally obligated to reimburse even those who were already undertaking that activity. So thanks to the author. Thank you, Madam Chair.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Cabaldon. Any other comments or questions? I will be supporting your bill. Assemblymember Ransom, if you would like to close.

Senator Choisenator

Thank you, Madam Chair. And I first want to start by thanking the witnesses and all of those who came at the very last minute, because we didn't know this was going to be heard today, to add their voice to the importance of this bill. As was previously stated, when students are going into court school, they are supported. it's equally as important, I would say priceless, to get them that support when they are reintegrated into the community to ensure that they are successful. AB 1659 is about entering students and building systems that fully support them during a very vulnerable transition period. And with that, I respectfully ask for your aye vote.

Chair Sasha Renee Perezassemblymember

Thank you. And do we have a motion on that bill? A motion by Senator Ochoa Bogue. And the motion is due pass to the Senate Appropriations Committee's. Secretary, can you call the roll? Senators Perez. Aye. Perez, aye. Ochoa Bogue. Aye. Ochoa Bogue, aye. Cabaldon. Aye. Cabaldon, aye. Choi. Aye. Choi, aye. Cortese. Aye. Cortese, aye. Gonzalez. Reyes. Aye. Reyes, aye. Great. And we will put that bill on call. Assemblymember Ransom, if you'd like to move on to AB 1713.

Senator Choisenator

Yes, ma'am. And I have witnesses that I would like to ask to join us. But if it's okay with you, I'll start with the bill. Thank you. All right, so again, thank you Madam Chair and members. As we all know, transitioning into higher education, whether it's K-12 or adult, returning to the education system is a stressful time for students. But accessing higher education is far too difficult for students who have disabilities. There are thousands of students in California who receive academic accommodations because of diagnosed, documented disabilities. disabilities, but when those students start their higher education career, far too many are forced to prove that they are still living with a disability. Students who have an existing IEP or 504 plan and who have relied on those accommodations are being told, in essence, their schools no longer believe that they have those disabilities. They're being sent off for new diagnosis, especially students with chronic conditions. That is a stressful, time-consuming, and often costly experience. This is for someone who is sitting with their diagnosis in hand in their IEP. It's another roadblock in our education system setting them up on their way. I'm proud to say that Assembly Bill 1713, which was brought to me by a constituent who went through these struggles and now has children encountering the same challenge, is a solution to the problem we are facing. This bill is a straightforward opportunity to make sure that students with a documented disability can get supports they need they need without limiting the institution's ability to be flexible with their assessment process. AB 1713 requires the institution of higher education to accept an existing IEP or 504 plan which documents the disability of the student as proof of their diagnosis. This bill prevents academic institutions from requiring costly re-diagnosis that can discourage students from seeking accommodations they need. This bill is supported by the California Community Colleges who has said that the existing system can create duplicative requirements unnecessary financial and administrative burdens that delay access to critical education supports. While this bill has no opposition, I do understand that the University of California has submitted language to your committee regarding some concerns they may have. And while those amendments were not given to my office in time to discuss them, I'm committed to working with those who need me to, to make sure that we balance the needs of our students with the capabilities of our universities. We've had ongoing discussions, and I look forward to continuing those discussions as this bill moves forward. And with me today, I have to testify, is Khaloud Rashid with the Disability Resource Agency for Independent Living. Thank you.

Senator Choisenator

Good afternoon, Chair Perez and members. My name is Khalid Rashid. I'm the Systems Change Advocate with Disability Resources Agency for Independent Living, also known as DRAIL. DRAIL is designated to serve six counties, Amador, Calaveras, Mariposa, Tuolumne, San Joaquin, and Stanislaus. I also serve as the Central Rural Regional Deputy Director for the Disability Organizing Network, a California network of disabled people and our allies who organize for systems change where people with disabilities live, learn, work, shop, play, and vote. In my work, I hear from individuals with disabilities who are trying to move forward in their lives, many of them pursuing higher education. What should be an exciting step often becomes frustrating and discouraging because they are asked repeatedly to prove their disability just to receive basic accommodations. I've seen how these delays impact confidence, academic success, and even deciding whether or not someone stays in school. I also bring my own experience. When I went to college, I was on dialysis, and I had just required my disability right after high school. I did not have an IEP or a 504 plan, and I did not know what to ask for. I requested a note taker and permission to record lectures so that on days I had dialysis or was too tired, I could keep up. Transition into college is already stressful. Adding a disability and being required to reprove it creates another barrier when the goal should be equal access to education. AB 1713 is a practical solution. It reduces unnecessary barriers by promoting consistency and recognizing documentation that students already have. It allows students to focus on learning instead of navigating systems that were not designed with them in mind. At DRAIL, we believe disability should never be a barrier to opportunity. This bill moves us closer to that goal. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. If there's any other support witnesses, please use the mic at the railing.

Senator Choisenator

Good afternoon. My name is Jason Momosadillos. On behalf of the California Community College's Chancellor's Office, expressing strong support. Thank you. Good afternoon, members and chair. On behalf of the Student Senate of California Community Colleges, Bati Moreno-Gonzalez in support. Hello. Good afternoon, chair and members. My name is Mohammed, and I support this bill. Thank you.

Chair Sasha Renee Perezassemblymember

All partially cited in support Anybody else All right we will now move on to witnesses in opposition Do we have any witnesses here to speak in opposition Seeing nobody rising, I will turn it over now to members of the committee. Do we have any questions or comments? Senator Cortese?

Senator Choisenator

Thank you, Madam Chair. I'll just be very brief and thank the author for working on this, for bringing a bill forward like this. And I hope you and others will continue actually to expand the opportunities for accommodations to be issued as streamlined as possible. I know of numerous students, student constituents, even at the community college level where access is really sort of bragged about, who have gotten sort of cut off because of a diagnosed disability that isn't easy for them to receive an accommodation for. So thank you. I know there's HIPAA concerns and everything else, but thank you for working on it.

Chair Sasha Renee Perezassemblymember

Thank you.

Senator Choisenator

I'm happy to do that.

Chair Sasha Renee Perezassemblymember

Thank you. Appreciate you bringing this bill forward, Assemblymember Ransom, and my recommendation is an aye vote. You may close. Thank you. I appreciate this. I want to start by saying that it is so important that we realize that disabilities that students are facing, whether seen or unseen, are impediments to their education.

Senator Choisenator

And if they have an IEP or 504, that means we are aware that they have those situations, and it is important that we allow them the opportunity. To qualify an IEP, you have to undergo a psychological evaluation, which is a psychoeducation evaluation, to determine whether you meet the criteria of one of 13 federally qualified disabilities. These assessments inform educators on how they can better serve the students. We already know that going to a university is stressful, and it should be accessible to everyone. And that's what this bill achieves. And so with that, I respectfully ask for your aye vote.

Chair Sasha Renee Perezassemblymember

Thank you. Thank you. And the motion for AB 1713 is due pass to the Senate Appropriations Committee, and it's been moved by Senator Cortese. Secretary, if you can call the roll. Senators Perez? Aye. Perez, aye. Ochoa Bog? Aye. Ochoa Bog, aye. Cabaldon? Choi? Aye. Choi, aye. Cortese? Aye. Cortese, aye. Gonzalez? Reyes? Aye. Reyes, aye. Thank you, and we will put that bill on call. Next, we have Assemblymember Fong, who's here in the room. Assemblymember Fong is going to be presenting 1829. That will be the last bill that we'll be hearing in this room. We are going to be moving to room 112 after we hear from Assemblymember Fong. I want to repeat that again for the other members that are listening. We are going to move to room 112 after we hear from Assemblymember Fong. We will have Senate Health Committee meeting in here. Assemblymember Fong.

Senator Choisenator

Thank you so much, Madam Chair, and good afternoon, Madam Chair and members. First, I would like to accept the suggested committee's amendments. Assembly Bill 1829 strengthens financial support for low-income student parents participating in the California Community College's CalWORKs recipient education program. The CalWORKs REP program assists community college students receiving CalWORKs cash aid to prepare for employment by providing opportunities and services such as work study, job placement, child care, skills training, and case management support. However, there is no flexibility for CalWORKs REP funding to provide students with direct financial support through aid payments, vouchers, or reimbursements for necessary basic needs. In addition, CalWORKs REP requires employers that offer work study to recipients provide a 25% match for work-study wages. This requirement has resulted in a disincentive for employers to participate in the work-study program, particularly off-campus employers. Assembly Bill 1829 would allow the use of existing CalWORKs REP funding for direct aid to students for basic needs such as housing, food, clothing, diapers, technology, child care services, and mental health services, and also allows our community college CalWORKs programs to waive the 25% employer match for CalWORKs work-study jobs to incentivize off-campus employers to hire our students. Here to testify in support of Assemble 1829, our Justin Selenick Senior Legislative Analyst with the California Community College Chancellor's Office and Reynold Garcia, President of the CalWorks Association. Thank you.

Senator Choisenator

Good afternoon to the chair and the esteemed members of the Senate. My name My name is Reynold Garcia. I am the president of the CalWORKs Association and the director of the CalWORKs program at Los Angeles City College. I'm here to advocate for our student parents, their families, and the communities they live in because strengthening our families makes California strong. Every day I witness as an educator the resilience of our student parents' balancing education, work, and family responsibilities. They are not just pursuing degrees, they are striving to uplift their families and communities. To support them, we need transformative legislation like California AB 1829. This bill introduced by Assemblymember Fung expands the CalWORKs recipient education program at our community college in crucial ways. First, it introduces direct basic needs aid. This provision allows colleges to provide essential resources like grants and other basic necessities, enabling students to focus on their studies without worrying about their basic needs. And next, the bill offers, as Assembly Fonks just said, work-study flexibility. By waiving the requirement for employers to contribute 25 percent of the student wages, we can increase job placement, including more off-campus opportunities. This will give student parents valuable experience in their major fields, allowing them to apply their classroom knowledge in real-world settings and better prepare for their careers. In summary, AB 1829 is a lifeline for our students and their families. It empowers them to thrive and build a stronger future for California. I just want to thank you all for your time and consideration. Good afternoon. Justin Selnick on behalf of the California Community College Chancellor's Office. I just want to thank the committee staff and the chair and the author for their collaboration on this bill and I'm here for any questions. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you. Do we have any additional witnesses in support? If so, please use the mic at the railing.

Senator Choisenator

Good afternoon. Kathy Van Austin on behalf of the American Association of University Women California California in support.

Jack Worsonwitness

Jack Worson from Nausman on behalf of the North Orange County Community College District, Citrus College, and Mount San Antonio College in support.

Senator Choisenator

Puja Lal with NextGen California in support. Khoise Tern with the Coalition of California Welfare Rights Organization and on behalf of the Western Center Law and Poverty in support. Pati Moreno on behalf of the Student Senate for California Community Colleges Good afternoon Sara Abu on behalf of the Institute for College Access and Success and Support Thank you.

Chair Sasha Renee Perezassemblymember

Do we have any witnesses in opposition? Any witnesses in opposition? Seeing no one rising, I'll turn it back to the committee. Do our committee members have any questions or comments? We have a motion by Senator Ochoa Bogue. Senator Gomez-Reyes?

Senator Choisenator

I just want to thank you for, thank the Assemblymember for bringing this forward. I think that our students absolutely need this flexibility. I think if we want this self-sufficiency on a long-term basis, these are the sorts of things that we need to do. I like the comment. It's a lifeline. We're empowering our students. And I'm very happy to support this. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you. Excellent. I don't see anyone else. and Assemblymember Fong, I support your bill and my recommendation is an aye vote.

Senator Choisenator

You may close. Thank you so much, everyone, for your comments and I was so happy to ask for an aye vote.

Chair Sasha Renee Perezassemblymember

Excellent. And we have a motion by Senator Ochoa Bogue and the motion for this AB 1829 is due pass as amended to the Senate Appropriations Committee. Secretary, can you please call the roll? Senators Perez? Aye. Perez, aye. Ochoa Bogue? Aye. Ochoa Bogue, aye. Cabaldon? Choi? Aye. Troy, aye. Cortese? Aye. Cortese, aye. Gonzalez? Reyes? Aye. Reyes, aye. Excellent. And we will put that bill on call. Thank you so much, Assemblymember Fung. Thank you so much, Madam Chair. All righty, so we are going to recess the Senate Education Committee, and we are going to move to Capitol Room 112. Again, we are going to be moving to Capitol Room 112 to finish off the rest of the bills. So we are now in recess. Thank you. All right.

Senator Choisenator

We're going to call the Senate Education Committee back to order here in our relocated room of 112. and I was asked to call the meeting to order. The chair will be back in a few minutes, but in the meanwhile we can call Assemblymember Gibson up on AB 1943. If you're ready, you may present. It's file item 18, correct? 19. 19, I'm sorry, I'm looking at an old list. Apologies. Also, I'm going to be presenting for Ms. McKenna. So 1860 first, file item number 16. I'm doing Ms. McKenna's first. I mean, I'm doing McKenna's and also my own. Let me just clarify. There was just some confusion with the audio here. So it is file item 18, but it's AB 1943, correct? And the Assemblymember is Gibson. And so that part was understood. And I apologize if I cut you off. Please proceed. You going to present Assemblymember McKenna bill first Is that the idea I could do file item 18 first and then McKenna Let's go ahead and do it that way then. Okay. Thank you very much. Mr. Chairman and members, thank you very much for allowing me to present Assembly Bill 1943, which will update and expand the way that information regarding secured firearm storage is relayed to parents and guardians. I'd like to start with some horrifying statistics. Gun violence are the number one killer of children in the United States. This is not just a statistic. It is a dangerous oversight that we have both the authority and the responsibility to eliminate here in the United States. As recent study shows, if half, and I want to underscore, if half of the households with unlocked firearms storage store themselves safely, about one and third of youth firearms, suicide, and accidental shooting deaths could be prevented. That's roughly about 250 lives each year. Assembly Bill 1943 ensures that secure firearm storage materials, we're talking about materials, are easily understood, easily defined and given to their families who need them. It requires that materials regarding secure storage be written in plain language, easy for parents and guardians to understand. It encouraged school districts and charter schools to post notifications on their websites and encourage them to share on digital platforms that they have access to. This bill also encouraged schools to share this information with parents, caregivers, when a student is disciplined or given support because of a threat towards others or themselves for harm and before school shooting drills takes place. Lastly, Assembly Bill 1943 requires that the Department of Education includes secure fire storage notifications on their website serving as an example for all schools. It is imperative that we use every tool in our toolbox at our disposal to prevent children, underscore children and teenagers, from accessing guns. Schools can be a key factor in spreading life-saving information about secure fire storage. Here with me to speak in support of this measure are representatives from Everytown for Gun Safety who were self-introduced and also a student from UC Davis who will also self-introduce. Okay. Here you go.

Chair Sasha Renee Perezassemblymember

She uses the microphone.

Senator Choisenator

Thank you. Okay. Hello. My name is River Baker. Thank you for the chance to testify today. I'm a student at the University of California, Davis, and an officer for the Students Demand Action Chapter there. I'm here today to express my support for Assembly Bill 1943 because I am a survivor of gun violence. My experience with guns is more extensive than I'd like to admit. I grew up in a household in a town where accessible guns were incredibly normalized My uncle was murdered with a gun He was shot multiple times and the person responsible was never caught Despite this loss I continued to spend the majority of my life in a household where guns were incredibly accessible something I was disproportionately impacted by as a member of the LGBTQIA plus community. As a trans person surrounded by transphobic rhetoric growing up, I tried desperately hard to be someone I wasn't. I hated so much about myself and many of the people around me had no problems expressing their hatred too, especially peers at school. This pulled me into a very dark place that was a lot easier to envision because I knew I had easy access to an improperly stored weapon. Knowing this made making a plan easier. It made suicide a viable option for me. Every day I am grateful that I didn't succeed. My life is so much more than I ever thought it could be. But as someone who's experienced suicidal thoughts and behaviors, I can tell you that having readily available guns in my home made these significantly worse. That is why I'm in favor of AB 1943, which would ensure that families know how to safely store guns. This bill would improve upon California's previous safe storage notification law by doing more than just having parents check through a policy with a million other papers they get at the beginning of the year. Instead, parents would also receive information on safe storage when a student has experienced or taken part in bullying or shown signs of mental health struggle like I did. This bill will also make the information about secure storage laws easier to understand. Together, these efforts could have a massive effect on ensuring that the people most impacted by safe storage are frequently receiving information on it. So I ask you to support this bill for the people struggling like I did. Ensure that they also have a chance to see that it can get better. Thank you. Good afternoon, Chair and members of the committee. My name is Megan Simmons, Associate Director of Government Affairs at Everytown for Gun Safety. We're proud sponsors of AB 1943 and very grateful to Assemblymember Gibson for bringing this bill forward. As members of the committee may know, in 2022, California became the first state in the country to pass a statewide requirement that schools send out information about secure firearm storage. The current law requires a notice to go out once per year at the start of the school year. In practice, we have often seen this notice be buried in dozens of forms, like River mentioned, and it's received at a time and in a format that's not particularly conducive to gun-owning parents and caregivers taking time to reflect on whether their own firearm storage practices need to change. These annual notices, of course, are better than nothing, but with an issue as important as making sure kids and teens can't access guns in the home, we know that we can do better. We've identified several key ways that this law can be even more effective, and that is what you see before you in AB 1943. This bill will make secure firearm storage information easier to understand, easier to find, and more likely to go to families at times when the information can be the most impactful. It will require the notification content focus more on information about the risks of unsecured firearms and resources. Descriptions of state law will be written in plain language that parents and caregivers can better understand. It'll encourage school districts to share secure firearm storage information on digital platforms, including social media accounts, and will encourage schools to provide storage information in key moments, like when a school counselor is meeting with parents because a student has indicated suicidal intent, or when a student has been involved in an incident of bullying or threats of violence. Thank you for the time. I'm available for any questions, and we ask for your iVote on AB 1943.

Chair Sasha Renee Perezassemblymember

Thank you very much. We're going to move to those who wish to testify in support. Anyone in the committee room who wish to do so, come up with the microphone at this time. Name, affiliation, and support only, please.

Senator Choisenator

Yard. It all volunteer with moms demand action in support. Thank you. Tammy Shaw volunteer with NorCal gun violence prevention in support. Thank you. Shelly Hudson volunteer with NorCal gun violence prevention, moms demand action and a retired forensic specialist and gun violence survivor in support. Amy Seropian volunteer with NorCal gun violence prevention. in support. Good afternoon Sam Nasher on behalf of the Los Angeles County Office of Education support. Good afternoon Sasha Horwitz Los Angeles Unified School District in support. McLean Rozanski with the Alameda County Office of Education

Chair Sasha Renee Perezassemblymember

and support. Thank you for all of those witnesses and support. We'll now move on to any witnesses in opposition. If any witnesses in opposition, please rise. Seeing nobody getting up, we'll go ahead and turn it back to members of the committee. Do we have any questions or comments from the committee members? Senator Cortese.

Senator Choisenator

Thank you, Madam Chair. I just want to appreciate the author for bringing this forward. I particularly focused on, in the analysis on page 2 of 6, on item 1A, focusing on youth and both accidental deaths. And I think, unfortunately, more and more we're seeing self-infliction. I know my county, based on coroner reports, not just at the youth level, but at the overall adult and youth population, that about two-thirds of the coroner sees when they use the moniker of gun violence are self-inflicted cases. And so much of that is somebody having, as we know, as you know, you wouldn't bring the bill otherwise, sudden onset of a mental health episode that wasn't expected. People maybe didn't think there was going to be any risk or threat in the household. Maybe the youth were trained well on guns or firearms because they're outdoors, because of their outdoors activities. And all of a sudden, there's a different world that sets in. and the availability of that firearm is literally a matter of instant life or death. So I am both an outdoors person. I coach the outdoor caucus here, but I also recognize the need for safe storage. Wherever it's practical, and certainly practical in homes, it's absolutely mandatory and necessary. So thank you for bringing the bill forward, and I'm happy to move it. if that's appropriate.

Chair Sasha Renee Perezassemblymember

Thank you. Thank you, Senator Cortese. Do we have any other questions or comments? Seeing as there's no other questions or comments, Assemblymember Gibson, I support your bill and my recommendation is an IRECO if you would like to close.

Senator Choisenator

I'll be very brief. I want to say thank you very much to the committee and thank the senator for his comments in this space. I want to thank my witnesses and Rivers. Thank you very much for being here and being bold and sharing your tragedy with all of us. I WANT TO SAY THIS IS, AGAIN, A THOUGHTFUL APPROACH. INFORMATION IS KEY. WE BELIEVE THAT IF WE HAVE MORE INFORMATION BEING DISSEMINATED PARENTS AND GUARDIANS AND CAREGIVERS WILL BE ARMED WITH THIS INFORMATION AND BE MINDFUL AS A FORMER CITY COUNCILMEMBER IF INFORMATION WAS SHAPED information being disseminated parents and guardians and caregivers will be armed with this information and be mindful As a former city council member if information was shared even within my own community when I was a city council member, we believed wholeheartedly that a particular young man would still be alive today in my community. Two cousins lived next door to each other, and one cousin was a year older than the other, got to the uncle's house playing, discovered a gun, and pointed at his cousin. And you can fill in what happened from there. And as council members, when something like that happens in our city, especially when a gun is involved, all council members are notified, went to the sheriff's department, and this child at nine years old was like a zombie when I laid eyes on him. Knowing what happened, the tragedy, it's hard to unring a bell. It's hard once a gun is found and, you know, something tragic like that happened. But if information was provided where parents, school, communities alike was informed and safe storage was more readily available, we believe that these kinds of incidents would not happen. I respectfully ask for an aye vote.

Chair Sasha Renee Perezassemblymember

Thank you, Assemblymember Gibson. We have a motion by Senator Cortese and the motion is due pass to the Senate Appropriations Committee. Secretary, if you can call the roll. Senators Perez?

Senator Choisenator

Aye.

Chair Sasha Renee Perezassemblymember

Perez, aye. Ochoa Bogues, Cabaldon, Choi?

Senator Choisenator

Aye.

Chair Sasha Renee Perezassemblymember

Choi, aye. Cortese?

Senator Choisenator

Aye.

Chair Sasha Renee Perezassemblymember

Cortese, aye. Gonzalez, Gomez-Reyes. And we will put that bill on call. And Assemblymember Gibson, my understanding is you're presenting AB 1860 for Assemblymember McKenna. Is that correct? You can go ahead and get started whenever you're ready.

Senator Choisenator

Thank you very much as my witnesses are approaching. I want to say thank you very much, Madam Chair and members. On behalf of Assemblywoman Ms. McKenna, I am pleased to present Assembly Bill 1860. This bill would authorize design, build, and progressive design, build for the county of office of education, COE, align COE authorized with the K-12 districts and community colleges, and improve projects, coordinations, reduce delay, and increase efficiency. This bill would also preserve all applicable prevailing wage and labor standards. The County Office of Administration, COE, are responsible for building and maintaining some of the most complex and specialized educational facilities in the state. However, COE currently lacks access to modern projects, delivery tools widely used in public education. Without design bill authorization, COE face delays, high costs, and fragmented oversight of projects as COE constructions needs growth. There is a risk that some contractors can exploit gaps in procurement authorizing to undercut wages, safety standards, and apprenticeship standards. AB 1860 has received bipartisan support and received no votes in the assembly. Here with me individuals who will speak in support and they will self as the political communication director of the International Union of Painters and Allies Trade District 16 as well as a legislative advocate with the state and building construction trade council whoever wants to go first please proceed and introduce yourselves thank you for being here yes there you go good afternoon madam chair and members of committee my name is Mike Greenlee I'm with district council 16 painters and allied trades here speaking support of AB 1860 it addresses a real gap in how California builds educational facilities. AB 1860 is a straightforward modernization. It simply allows county offices of education to use the same design build and alternative design build tools the school districts already have already used successfully for years. These tools help deliver projects faster, reduce change orders, improve coordination. Importantly AB 1860 does not create new labor rules or new mandates. It only extends an existing proven framework. Some opponents argue that extending this authority will significantly restrict competition or push agencies toward project labor agreements because of skilled and trained workforce requirements. But those requirements already apply to every school district using design bill today. Districts across California, large and small, urban and rural, have completed hundreds of projects under these exact same rules. If the problems described in the opposition letters were actually happening, districts would have abandoned design bill a long time ago instead they continue using it because it works. Another concern raised is about the experience modifications rate safety standard and the interaction between skilled and trained workforce and project labor agreements. But again AB 1860 does not create these policies they already exist in part of Education Code 17250. What this bill is for is solving real inequity. County offices of education are responsible for some of the most complex and urgent facilities in our system. Yet they are one of the only major education agencies that cannot use the same modern construction tools that districts rely on. This slows down projects students depend on. AB 1860 fixes that. It gives COEs the same flexibility, the same guardrails, the same accountability that already exists for school districts, nothing more. This bill simply ensures that every student, no matter which system serves them, benefits from efficient, high-quality school construction. And for those reasons, I respectfully ask for your aye vote. Good afternoon, Madam Chair and members. Mike West on behalf of the State Building and Constructive Trades Council of California. I'll be brief. The design-build contracting method is meant to include skilled and trained workforce, which ensures high-quality construction, enhances safety, protects taxpayer investment, and verifies that workers are qualified through state-approved apprenticeship programs, which I might add exist both in union and open shop circumstances. circumstances. These requirements promote a qualified workforce, preventing construction defects, and ensuring structural longevity. Assembly Bill 1860 will bring those design build contracts up to the same standards as other agencies using them and will promote fairness and equity across all public

Chair Sasha Renee Perezassemblymember

agencies when contracting. Thanks for your time. Thank you for your presentation. Are there any additional witnesses and support? If so, please use the mic.

Senator Choisenator

Madam Chair, members, Bob Giroux on behalf of Payters District Council 36, Southern California, in support. Thank you. Thank you.

Chair Sasha Renee Perezassemblymember

Good afternoon.

Senator Choisenator

Vilek Ting with the American Council of Engineering Companies in strong support. Thank you.

Chair Sasha Renee Perezassemblymember

Excellent. Anybody else? Do we have any witnesses here in opposition? He the mic here and you all have two minutes Thank you Good afternoon Madam Chair members of the committee

Senator Choisenator

Felipe Fuentes here on behalf of the Associated General Contractors of California, an association made up of union and non-union contractors in respectful opposition to Assembly Bill 1860. AGC has long supported the responsible use of alternative project delivery methods, such as design-build and best-value contracting when they help public agencies deliver projects more efficiently and effectively. Our concern with this bill is not the expansion of design-build authority itself. Our concern is that the bill extends a procurement framework that carries existing skilled and trained workforce requirements and other labor mandates that can significantly limit contractor participation on county Office of Education projects. In many parts of California, apprenticeship programs' capacity and graduation rates vary significantly by trade and region. When skilled and trained workforce requirements are layered onto projects, many otherwise qualified contractors become ineligible to participate, reducing competition and increasing project costs. The committee analysis notes that this bill imports the entire existing framework applicable to school district design build projects, including prevailing wage requirements, apprenticeship obligations, contractor registration requirements, and skilled and trained workforce mandates. County offices of education are responsible for stewarding limited public resources. They should have access to procurement tools that maximize competition and value. expanding a framework that narrows the bidder pool, risks driving up costs and reducing opportunities for local contractors, including small and emerging firms. AGC strongly supports workforce development. Through our Construction Education Foundation and our member companies, we are actively working to grow California's construction workforce. But expanding workforce mandates faster than workforce capacity can grow creates challenges for project delivery and public agencies alike. And for those reasons, we respectfully urge a no vote on AB 1860.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. Do we have any additional opposition witnesses here in the room?

Senator Choisenator

Madam Chair, my apologies. I'm not here in opposition. Sarah Flux, California Federation of Labor Unions. We are here in strong support of AB 1860.

Chair Sasha Renee Perezassemblymember

Thank you. Thank you. Anybody else? Seeing nobody getting up, I will turn it back to the committee members. Do we have any questions or comments? All righty. Seeing no questions and comments, Assemblymember Gibson, I'm very supportive of the bill. My recommendation is an aye vote if you would like to close for Assemblymember McKenna.

Senator Choisenator

Well, I want to say thank you very much to the witnesses who came and gave up their time to support this particular measure, 1960. On behalf of Assemblywoman McKenna, we thank you and respectfully ask for an aye vote.

Chair Sasha Renee Perezassemblymember

Thank you. And do we have a motion on AB 1860? Moved by Senator Cortese. Secretary, if you could please call the roll. And the motion is due pass to the Senate Appropriations Committee. Senators Perez?

Senator Choisenator

Aye.

Chair Sasha Renee Perezassemblymember

Perez, aye. Ochoa Bogues, Cabaldon, Choi?

Senator Choisenator

Cortese?

Chair Sasha Renee Perezassemblymember

Aye. Cortese, aye. Gonzalez, Gomez, Reyes. Thank you. And we will put that bill on call. I See we have assemblymember Hoover here to present a B 2248 assemblymember Hoover you can begin when you're ready I

Senator Choisenator

Thank you Madam Chair, members appreciate the opportunity to present AB 2248. AB 2248 requires local educational agencies to notify parents through annual parent notification of the California College Guidance Initiative and encourage them to create create parent accounts. I will keep things brief. I know this committee has gone on quite a bit today but would greatly appreciate an I vote on this bill that I think helps address an information gap at the local level with parents and students appreciate an I vote thank you

Chair Sasha Renee Perezassemblymember

I don't think I have witnesses all righty I see someone getting up are you to okay so any witnesses and support please use the mic Kathy Kathy Van

Senator Choisenator

Austin on behalf of the American Association of University of Women of California in support. Anybody else? Rachel Shacluna on behalf of the California Association of School Counselors in support. Great. Seeing

Chair Sasha Renee Perezassemblymember

nobody else rising, we'll move on to witnesses in opposition. Do we have any witnesses in opposition? Seeing no one rising, we will turn it back to the committee. Does the committee have any questions or comments? Seeing none, Senator Cortese. Senator

Senator Choisenator

Cortese moves the bill. And Assemblymember Hoover, I support your bill. My recommendation is an aye vote if you would like to close. Just appreciate an aye vote. Thank you so much. Thank you. So we

Chair Sasha Renee Perezassemblymember

have a motion by Senator Cortese and the motion is due pass to the Senate Appropriations Committee. Secretary can you call the roll senators Perez I rest I would show Boog Cabalden Troy Troy I Cortese Cortese I Gonzales Gomez Reyes and we will put that bill on call thank you so much Assemblymember Hoover all righty I know we have two authors left Assemblymember Pellerin and Assemblymember We also have Senator Cortese's SCA 5. So Senator Cortese, since we don't have authors, if you'd like to present.

Senator Choisenator

Well, thank you very much, Chair, members. I rise. I don't rise. I'm here to present SCA 5, the Education Equalization Act, and I appreciate the opportunity very much. This bill should be familiar to most of you. Last year, my bill at the time, SB 743, passed out of this committee with a strong discussion and vote. And with your helpful guidance and feedback, we improved the bill as it made its way through the Assembly. The goal then was to vet the policy or the framework that you see today for a constitutional amendment. And I think we succeeded at that. I know Senator Cabaldon is not here today but besides the chair and staff effort over the period of more than a year and a half now Now besides all that effort and my gratitude there I do want to thank Senator Cabaldon for his efforts to really drill down specifically on a provision we ended up putting in the bill Over the last 40-plus years, California's public school finance structure has allowed per-pupil funding disparities between basic and non-basic aid school districts to persist and grow. So we've heard a little bit about that earlier today in a different context regarding a different piece of legislation. Even as the state has adopted reforms intended to make school funding more equitable, we still end up in this situation with not just disparities but growing disparities, disparities that now, by virtue of several sources, including the LAO's office, we've been able to document exceed $60 billion a year in disparities between basic aid and non-basic aid schools in the state. And again, that number is growing. If you think about it, it's close to 40% of the general fund budget that we have at our discretion already and growing. Kind of a monster. The funding disparities show up in student experience, of course, in access to academic support, in access to mental health services, in access to special education, in access to safe facilities, in the ability to attract and retain qualified teachers and staff. Just about everyone in this committee knows how all that works. SCA 5 creates an equalization reserve account to address that disparity in a measured, stable method over time. The account is based on the same rubric as a public school system stabilization account, which has a long acronym, PSSSA. And I want to say that the new equalization reserve account really would mirror in many ways the stabilization account. So instead of just having a stabilization account, we would then have, as a basis of this constitutional amendment, an untouchable equalization reserve account that could not be rated, that could only be directed to education equalization in our public school system. This framework is only funded, like the PSSA, in flush budget years. It's only funded with non-Prop 98 general fund dollars, so it has no impact or degradation of Prop 98 whatsoever. The deposits function only as principal deposit, as a corpus in an endowment-style interest-bearing account. The interest is what's used and is paid out to non-basic aid districts for the purpose of achieving parity with basic aid districts based on per-pupil calculations. This measure is affixed to a problem that's been growing, as I said, for over 40 years. It's a constitutional framework designed to build a stable, protected, long-term tool for the benefit of our students, teachers, administrators, and school districts. And it's there and being proposed today to reverse and begin to put a dent in 40 years of disparity that's growing. Again, really reverse that trend. And I'd like to turn to our principal witness and sponsor lead, Lisa Ander of the Silicon Valley Education Foundation, and very much appreciate all her work on this. Well, good afternoon, Chair Perez and members of the committee, and thank you for the opportunity to speak with you today I here because we have seen firsthand how unequal funding affects our students and to emphasize the urgent need to address this problem now As we speak yeah it's two o'clock, right? Okay, so they're still in school. Across the state, students in one school district are using 3D printers, participating in hands-on STEM experiences, and traveling the halls of an art museum, while in another school district within the same county, students are cutting out cardboard shapes with scissors, watching a YouTube video about frog dissection, and learning about the ocean from a book. As a teacher, principal, and superintendent, and now CEO of an education foundation, I have experienced the near impossible task of preparing students to become productive and engaged citizens with limited resources, all because my school district was located in an area with limited property tax revenue. As a teacher, I made choices such as buying a ream of copier paper or new PE equipment from my classroom budget. As a principal, I had to choose between funding a school counselor or to reduce class size by hiring another math teacher. But my all-time favorite is as a superintendent having to choose between bargaining for a teacher professional development day or giving a 1% off the salary scale payment. Across the state, California's investment in a student's education varies within the same county. In Riverside and San Bernardino counties, the delta in average per-pupil funding between basic aid and non-basic aid districts is approximately $24,000 per year per pupil. In Santa Clara County, the Delta is approximately $13,000. Sacramento County consists of only non-basic aid school districts whose average per pupil funding is $10,400 per year per pupil, but this is an $8,000 below the basic aid average for all school districts in California. And according to the Learning Policy Institute, increasing funding by just $1,000 per student over three years resulted in a full grade level gain in reading and math. That is less than filling in the gap that I fully described earlier. This same three years, $3,000 investment led to an 8.2 percentage point increase in graduation rates and improved college readiness. The students of your assembly districts in the state deserve more than a promise of an education. They deserve an equal opportunity to thrive because of their education. So thank you to Senator Cortese, and happy birthday, for authoring this bill, and thank you committee members for your consideration.

Chair Sasha Renee Perezassemblymember

Thank you. Are there any other witnesses in support of SCA 5? If so, please use the mic.

Senator Choisenator

Good afternoon, Chair and members. I'm with the Association of California School Administrators. I apologize for not having a letter submitted on time, but we are in support. Thank you. Good afternoon, Madam Chair and members of the committee. Kat Brackman with the California School Employees Association in support.

Chair Sasha Renee Perezassemblymember

Thank you. Thank you. All right, we'll now hear from witnesses in opposition. Do we have any witnesses in opposition? Seeing no one rising, I will go ahead and turn it back now to members of the committee. Do we have questions or comments from members?

Senator Choisenator

Senator Choi. Thank you. In the morning I mentioned about this basic aid versus LCFF funding formula in comparison to Newport Beach Newport Mesa and Irvine situation It was a very unfair discrepancy So I hope this new proposal through the constitutional amendment will fix that kind of disparity that existed, you said, in the 40 years. So I stated 30 years is more than 30 years, 40 years. So I'll be supporting your bill this morning, this afternoon. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you.

Senator Choisenator

And then I'd love to make a motion.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Choi.

Senator Choisenator

Senator Cabaldon. Thank you, Madam Chair. And I think to the author for the continued work on this,

Senator Cabaldonsenator

and obviously we've had lots of conversations about both this legislation and the companion statutory measure from last year that's still pending. And this is one of those incredibly challenging topic areas to take on because there's a set of outcomes that are driven by a whole lot of different policies and decisions over 50 years or more that create these consequences, but then we have also tried to fix them several times before. And I want to dig in a little bit because, and nothing new, but dig in a little bit on this because I think part of the challenge for me with all of the legislative approaches is that they mask the substantial diversity within and among basic aid districts. And so there are basic aid districts where the difference between the state revenue limit and their local property taxes might be in the hundreds of dollars or a couple thousand dollars. And then there's McKittrick, the most severe of all the basic aid districts in Kern County, which thanks to oil revenues, their differential is over $200,000 per student. and so when we talk about basic aid districts as a collective, we almost always talk about how wealthy they are, how much money they have, how much more their students have or whatever, but those are substantially influenced by McKittrick for sure. McKittrick is the biggest outlier. There's no one else close to $200,000, but to all the districts that are over $30,000 per student difference and what have you, whereas other districts are really very close to and are receiving no more substantially the same as a regular old non-basic aid revenue limit. And so that distinction matters because those districts would not be eligible for funding in these various basic aid proposals, as they haven't been in the past for some of the equalization measures. The other is that because basic aid, I think, is a shortcut for folks who haven't done the kind of work on this that the author has done, the shortcut is, oh, basic aid districts, they're all rich. They must be rich people because they are in places where the property tax revenue is higher. And there are certainly plenty of places like that. And as you indicated counties where every single basic aid every single district is basic aid because it's just the sheer amount of wealth that is present there, but that's not that's not uniform either and So, you know in my district where we do have several basic aid districts, but there are places like Calistoga Sonoma Valley and Cal Stoga is an example I've used a lot but or Sonoma Valley which is just like a thousand dollars above the that that level but when you account for concentration grants and a bunch of other stuff the they're not actually receiving more than other districts because basic aid districts don't have we don't have any policy that says hey a basic aid district where almost all the kids are the homeless foster youth English language learners and free We don't make any adjustments for those districts. Calistoga, so the statewide average for school districts and for high-need students, the students that we were talking about earlier today with respect to the, so remember Alvarez's bill, free and reduced price lunch, foster youth, and so on. The statewide average is like 60-something percent, I think, in terms of what the average proportion of students that school districts are grappling with, how to make sure they have enough resources for the students with the greatest needs. Calistoga is a basic aid district. It's at 80%. 80% of its students are high needs, many of them English language learners, but really across the board because Calistoga has a couple of, you know, the property values have gone way up because it's in the Napa Valley. But an enrollment has gone down because nobody can afford to live there. And those two things alone will drive that. But it doesn't change the fact that the actual town, the school district, is still mainly immigrant, Latino workers from the service industry and farm workers. And the amount of extra resources they have because they're basic aid is not that substantial. But their needs are great. and you know this is suicidal but I'll pick the district down the road from Calistoga also in my district which is the city of Davis which hasn't experienced any of that their their number of high-need students is dramatically lower they're not basic aid though because they they're their their property value is high their enrollments also high because everyone comes to Davis because they want good schools and then Davis voters who are substantially more advantaged than voters in Calistoga economically have, and I very much applaud their commitment, have over and over and over again approved parcel taxes, sales taxes, bonds. The community of Davis has both the will, the admirable will, and the financial capacity in order to make those investments. They would be eligible for equalization money. So under under under under this pair of measures would be saying here's a pot of money that Davis can access But Calistoga cannot and that just put for me that poses a pretty massive equity Issue that we should be grappling with I think pace identified that there are at least 20 school districts that are in this category of Not really benefiting that much from being basic aid of benefiting at all and of those 20 most of them are districts like Carpenteria in in in Ventura and others where there's a lot of high needs students. And so this is where I'm struggling because with the statutory legislation last year, I'm like, well, you know, we can figure out how it's going. We can tweak it over time. We can keep improving it. I just want to be sure since this measure is a constitutional amendment that we don't preclude our ability to get better on this and to say hey districts with lots and lots of high need students who are getting just an infinitesimal basic aid status that we shouldn treat them as though they are you know wealthy school districts in San Mateo County because they're not, and we have an obligation to them, too. So I'm still struggling with it, just like I was last year. Very much appreciate the authors' continued work and consultation to try to get this right. I know he was. I'm going to support it today in committee. I can't commit to it on the floor. because we do need to figure these issues out. But I absolutely support the core objective of what the author is trying to do and deal with the metrics and some of these districts that have 50,000 more and what have you. They shouldn't be first in line for additional state funding as it opens up. But we do need to assure that these cases that are in that middle but are lost in sort of our shorthand description of basic aid districts as wealthy places, that we don't leave those students behind. Thanks, Madam Chair.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Cabolden. Can I ask more questions? Yes, Senator Choi. I would like to raise one question.

Senator Choisenator

Your constitutional amendment includes all public schools, including charter schools? Whatever the formulas are for the charter schools to receive their money through these ADA schools, This money only goes to ADA schools. Fundamentally, that's the nature of the bill to try to equalize. As you said earlier, non-basic aid and basic aid. From there, whatever the formulas are, we're just silent on all of that here in this bill. There's no bias versus charters, or there's no calling out of any changes in those kinds of things. It depends on where charter schools are located, if there's a basic aid, that they will get the basic aid, the ADA, they will get the ADA? Yeah, it seems to me, even though we don't opine on it or touch it in the bill, that charters that are authorized in districts that are non-basic aid that are struggling in terms of per-pupil dollars are only going to be better off if the district is now, as a result of this, receiving more dollars, the district itself. But those formulas that this passes that will apply to charter schools as well. Yeah, we and we try we last year as we get some 43 through the assembly, the same question was asked. And I don't want to put words in the mouths of the charter school association, but they came forward in, you know, in assembly committees and basically said, you know, we. we don't see any problem here, and we trust that the author is not going to install something that precludes us, and we certainly haven't done that, and we wouldn't do that in the Constitution. If you can make it clear, either way, so I think that will clear other people's questions. We're thinking so far in consultation with ledger counsel that the best way to make it clear that we're not trying to effectuate change, in the traditional versus charter world is just to be silent. As you know, the courts would look at it eventually and say if the legislature intended to effectuate change in the charter funding formula, they would have done so. They would have dealt with it expressly. But I'll certainly take your advice and your thoughts. It's really been committee members in this committee and the chair and committee staff that have given us the best advice on this bill all along. So let me think through that and talk to legislative council some more about it We do that Thank you Senator Choi Senator Cortese I appreciate you bringing forward this bill

Chair Sasha Renee Perezassemblymember

I know we've also heard other bills related to Prop 98 funding and the local control funding formula today and have had just more kind of larger discussions about the fact that equity gaps continue to persist, right, for a number of our districts throughout the state. And as we see enrollment decline, as, you know, we see our districts face different challenges trying to figure out how to address some of those gaps. I appreciate what you're trying to do here with this proposal, particularly for some of those non, you know, basic aid school districts and, you know, taking into account some of the specific needs that they have in trying to create this new account to cover some of those gaps. It's not going to entirely eliminate them, but to try to reduce the gap. I do think it's an interesting concept to create a constitutionally protected funding structure that operates largely outside of our traditional kind of budgetary constraints. And it's certainly a different idea and a different approach. I think more largely what needs to happen, and I think you've kind of heard this as we've discussed these items, throughout the day is really kind of revisiting the local control funding formula and revisiting some of these discussions around Prop 98, especially as we know so many of our districts are facing declining enrollment. And I think we're coming up, well, we're past actually the 10-year anniversary of the LCFF at this point. So it's probably a worthy conversation for us to have. So I know we've met about this. I appreciate the work that you've done to not just your bill last year, but on this constitutional amendment this year. I will be supporting your bill today and look forward to continuing to have discussions with you and other members about how we create a more equitable funding system for our local school districts. I'll go ahead and turn it over to you to close.

Senator Choisenator

Thank you so much. Very much appreciate this discussion. Let me just start with Senator Choi. I thank you for your support and your understanding of this fundamentally what we're trying to do here. And I knew you would understand it, but your support means a lot. And Senator Cabaldon, yes, we've had a lot of discussions as recently as yesterday, but going on over time, whenever we have a chance in the elevator or whatever, we talk about these kind of things. And I appreciate your knowledge of the nuances and the things that don't fit squarely in the boxes that we set up, you know, around education funding and other education issues. And obviously, to the chair, you just laid that out very clearly just now. And I, too, I don't want I have to be careful as a presenter of a bill that does not touch LCFF, you know, to opine too much about that as the author. However, I agree that my belief is that if we can challenge, if we can take on and start closing the gap on this big monstrosity of a problem, this systemic problem that's growing so dramatically in the billions of dollars per year, with this piece of legislation, with this constitutional amendment, I think it going to allow us to pivot over to what are really I hate to call them nuances but very important inequities that exist kind of in the cracks of the LCFF system And maybe as we deal with equity here we'll get a little bit more cooperation from folks who otherwise might be scared or afraid of us touching LCFF. It's there and it's doing what it's doing. I don't think anybody wants to take it away, but I do think it shouldn't be a zero-sum game. It should come in and probably be tweaked at some point with a different bill. I'm happy to work with anybody on that who would seek my partnership. With that, I respectfully ask for your aye vote and appreciate you, Madam Chair, putting up with all the testimony today. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you, Senator Cortese. So we do have a motion from Senator Choi on SCA 5, and that motion is be adopted and re-referred to the Senate Elections and Constitutional Amendments Committee. Secretary, can you please call the roll? Senators Perez. Aye. Perez, aye. Ochoa Bo. Cabaldon. Aye. Cabaldon, aye. Choi. Aye. Choi, aye. Cortese. Aye. Cortese, aye. Gonzalez. Gomez-Rez. Great. and we will put that bill on call. I am going to run over to Senate Health, so I'm going to pass the gavel to Senator Cabaldon. We'll be back shortly. All right. Pursuant to our file order rule, we'll proceed next to Assemblymember Pellerin, who has before the committee AB 2107. Welcome, and please proceed when you're ready.

Senator Choisenator

All right. Good afternoon. So thank you all so much. The Expanded Learning Opportunities Program, also known as ELOP, or ELOP, represents one of the largest investments in California education in recent decades. ELOP provides income-eligible families with a no-cost or low-cost after-school and summer enrichment programming. ELOP programming is meant to give students more time for hands-on learning, physical activity, social-emotional development, and academic support outside the regular school day. The intent of ELOP has always been to reach English learners, fostered youth, and low-income pupils, referred to as unduplicated students. While data on which students are being served in ELOP is not yet available through the California Longitudinal Pupil Data Achievement System, known as CALPADS, educational stakeholders have reported that some programs are reaching capacity with students who are not unduplicated, and unduplicated students are being placed on wait lists. Indeed, as noted on page 4 of the analysis, the California Department of Education reported to the staff of this committee that they have received complaints from parents that have unduplicated pupils were placed on a wait list while non-unduplicated pupils have been offered spots. This is clearly counter to the CDE's guidance, which explicitly states that local educational agencies should be prioritizing enrollment for unduplicated students. In order to ensure that the legislative intent of the Expanded Learning Opportunities Program is fulfilled and that the students for whom ELOP is their only opportunity for accessing transformative, high-quality enrichment programs, AB 2107 extends. explicitly states that local educational agencies are required to prioritize offering access to unduplicated students. Prioritizing access may include specialized outreach to the families of unduplicated pupils and helping those families enroll in the programs. As the analysis notes, this bill will help ensure that unduplicated pupils and their families are aware of expanded learning opportunity, expanded learning programs at their schools. This bill does not increase requirements for local educational agencies to enroll students in expanded learning programs, nor does it increase the funding for these existing programs. The funding for ELOP at Tier 1 LEAs is dependent on the number of unduplicated students enrolled. While the majority of local educational agencies are following the intent of the law and prioritizing reaching and enrolling kids from disadvantaged communities, there are some who are not. So AB 2107 is a simple bill that statutorily requires Tier 1 local educational agencies to prioritize reaching out to the students who help fund their expanded learning programs. And as this bill was on consent until I heard this morning, my witnesses made other plans today and could not be here. And I respectfully ask for your aye vote.

Chair Sasha Renee Perezassemblymember

All right. Thank you, Assemblymember. Are there anyone that wishes to provide testimony in support of the bill? Any opposition?

Senator Choisenator

Sorry, I'm McLaren-Rizanske with the Alameda County Office of Education in support. I just can't provide testimony this time, but thank you so much.

Chair Sasha Renee Perezassemblymember

Okay, thank you. Anyone else? Anyone in opposition? For two minutes or for me, too? Okay, then we'll bring it back to the committee for any questions or comments. That's all right. It's been moved by Senator Choi. No questions. No questions. Okay, yeah. I think for me, I am going to support the bill. I am, you know, like you come from local government and dealing, and from the school system as well, And I think it is a challenge when the state very precisely and definitively manages these kinds of moments where you have an out-of-school opportunity that the school or a partnering nonprofit is putting together. and maybe a family that did all the work to help launch the program and got all the partners and donated all the instruments and whatever, and they're not quite poor enough for the free and reduced lunch program, but they're struggling and they can't afford any private opportunities. It's heart-wrenching to be able to say, no, you can't. As long as somebody else walks in the door that's in one of these categories, you can't be considered and I and we do this all the time it's this is not it's not really about the bill which is I'm going to vote for it where where I think we we've we focus so much on always making sure that we're that we're paying attention to the most vulnerable that we sometimes forget that the next most vulnerable Californians are also facing massive challenges and struggles and are looking for basic opportunities for their kids also to learn into into social into being social settings that are curated and all of so so I no problem with the bill I think we you know we we I just want to see I want us to see the rest of Californians as well that are not what are not wealthy enough to make their own opportunities and yet don't happen to be foster youth English language learners are free and reduced life free and reduced price lunch recipients and we've got to if we if we want broad support for our democracy and for our government. We have to see them, too. So anyway, with those comments, why don't we invite Senator Pellerin to close?

Senator Choisenator

Well, I think this is a vital program for our unduplicated, most vulnerable students, and to give them priority to access these programs, I think, is essential for their ongoing thriving and well-being. So I respectfully ask your aye vote, and we don't want to lose track of the other students that also need support programs, and I'm sure that the schools have many other options available as well.

Chair Sasha Renee Perezassemblymember

All right. The chair's recommendation on this is due pass. Is there a motion? I'm sorry. Senator Choi has already made the motion, so if there's no further discussion or debate, please call the roll. Motion is due pass. Senator Perez, Ochoa Boog, Cabaldon. Aye. Cabaldon, aye. Choi? Aye. Choi, aye. Cortese? Aye. Cortese, aye. Gonzales? Gonzales Gomez-Reyes. We'll place the measure on call. Thank you so much.

Senator Choisenator

Thank you so much.

Chair Sasha Renee Perezassemblymember

All right. Next up, we have Assemblymember Colosa. Oh, did she just step out? All right. If we have calls to lift that involve any of the three members that are present, why don't we proceed? I'll just start from the top, okay? okay file item 2 a before to Patel motions do pass to Senate appropriations committee actually let's move on to file item 11 ACA 7 Jackson motion is be adopted and re-referred to the Senate Elections and Constitutional Amendments Committee. Current vote is four ayes and one no, with the chair voting aye and the vice chair voting no. Senators Cabaldon? Cabaldon aye. Choi? No. Choi no. So that is five to two. All right, let me spend the lifting of the calls at the moment. In order to proceed to our final author for the day, which is Assemblymember Coloza, who's here to present ACA 18. Welcome, and you're free to begin when you're ready.

Senator Choisenator

Thank you so much, Chair. Happy birthday, Senator Cortese. Is that correct? It's your birthday. oh I not used to this and it proceedings you guys have two tables and good afternoon chair and members of the committee I here to present ACA 18 this afternoon Thank you to our sponsor the UC Student Association for bringing this measure forward and for their endless dedication and advocating for student voices. Today, there are over 300,000 students in the UC system, and yet on the 26th member UC Board of Regents, unfortunately, there is only one student voting seat. That is only one student representing the hundreds of thousands of experiences and everyday challenges faced by students in the UC system. The UC Board of Regents alone does not always see or hear or understand the student experience and ACA 18 would change that. ACA 18 would make a constitutional amendment that would double the number of student seats on the UC Board of Regents from one to two. For the first time ever, the board would include representation from both the UC undergraduate and graduate student. That's more perspectives, voices, and power for the hundreds of thousands of students that make the UC what it is today. This would also bring the UC Board of Regents at parity to what our other institutions of higher education already have, like the CSU system and the community college system. Just a few weeks ago, I, alongside my joint co-author, Assemblymember Patrick Ahrens, have been going to college campuses at different UCs and really speaking to students from UC Berkeley to UCLA who organize student-led rallies across campuses to mobilize support for this ACA. And they really care about this measure. They really want to be able to have something on the November ballot that they want to vote for. During these rallies, student leaders from the UC system showed up and spoke out about why this bill means so much to them, especially as advocates for labor rights, transportation, immigrant rights, housing, disability justice, academic achievement, and so many more pressing issues that our students are faced with. And it goes without saying that students who come out of the UC system go on to shape not only our great state of California, but the United States of America. They become our doctors, scientists, musicians, athletes, teachers, entrepreneurs, and like me and my colleagues, lawmakers. UC graduates are foundational to our communities. They drive innovation, challenge the status quo, and inspire change across sectors and industries. Their future and our future depends on what we do next. With that said, it's my honor to introduce two leaders who have been instrumental in this work and who have been patiently waiting all day. So we appreciate you. Hopefully you did not miss class. Please join me in welcoming the UCSA Government Relations Associate, Adriani Silvano, Silvano speaking on behalf of Aditi Hariharan, president of the UC Student Association, as well as Alexis Zaragoza, our UC Regent Emerita.

Senator Choisenator

Welcome, Elish, I have two minutes. Good afternoon, Chair Cabaldon and members. My name is Adriani Silvano with the UC Student Association representing the over 237 undergraduate students at nine UC campuses across the state I am a proud first immigrant and alumni of UC Riverside here in support as the sponsor of ACA 18 The UC system bound by constitutional autonomy is governed by a Board of Regents and policy is implemented by the UC Office of the President. Regents are appointed solely by the governor to serve 12-year terms primarily composed the people who graduated many years ago and have backgrounds in investments, health or policy, have donor ties, and rarely engage with students outside of their direct obligations at Regents meetings bimonthly. Over the last couple years, we witnessed how decisions made at the table can have monumental repercussions on current and future UC students, including the crackdown on student and faculty free speech, the re-approval of UC's cohort tuition model despite attempted negotiation and immense opposition, a struggle to prioritize basic needs and student services, and the alarming increase in total cost of attendance through housing and non-resident student tuition fees. Despite these realities, the only student voice heard at the decision-making table is a single student regent and their student regent designate. And often, a student voice has much more power and sway than their designate counterpart to warrant both consultation and tangible bargaining power AC 18 through its addition of a second voting student regent will increase student voice and decisions that directly impact them such as tuition and fees non-tuition costs basic needs housing research and more students are not a monolith so more than one student should should be consulted in decisions that have vast impacts across the state a second voting student regent will also allow the UC to have parity with our CSU and CC counterparts with two voting student members AC 18 will allow the UC to keep at pace with its student growth as student enrollment has more than doubled since the first student regent role was created more than 50 years ago the UC is the third and I have to ask you to wrap up the UC is the third largest employer the fourth largest economy in the world which speaks to the global impact of its community and with this I respectfully ask the committee to vote yes on AC 18 and ensure the voices of more than 300,000 UC students are being heard. Thank you so much. Thank you. Good afternoon. My name is Alexis Setzielski-Zaragoza, and I served as the 47th student regent on the University of California Board of Regents. I also served on the California Community College's Board of Governors, making me the only student to have been on two major higher education system boards in California history. I was the first undergraduate transfer student at UC and the second ever Native American regent on the board. In my college career, I have had the honor of representing over 2.6 million students in California. It has been over 50 years since the student regent position was created. And in that time, we have driven some of UC's greatest accomplishments, having basic needs committees, housing investigations, and campus policing reform. Without us, these topics could be ignored. Some people think that one vote won't make a difference. They're wrong. When the regents voted for cohort tuition, I was able to make critical amendments. When students came to us with problems that had been ignored by administration for years, we were able to fix them within days. We're the only individuals on the board that must have a current relationship with the campus community. In the entire history of the board, only 4% of all governor-appointed regents have had a background in education. The student regent's input is essential to good governance. Doubling student representation also helps to create a board that is actually reflective of Californians. For example, in the last 158 years of the board's A total of four regions have been Native American for 36 years that number was two because of two student regents myself and Jacqueline Ross in 1987 ACA 18 also not only increases the number of students voting it seeks to implement a guaranteed undergraduate and a graduate voting seat Even though undergraduates make up roughly 79% of the student population Only four undergraduates have served as a student regents since 2004 that is four undergraduates in 23 years years. I was the only undergraduate student in the last 11. Having a guaranteed seat for both populations is necessary to properly represent the wide spectrum of student needs. At a time when our federal government is actively targeting our democratic institutions, we cannot afford symbolic gestures, so I urge this committee to move ACA 18 forward and to send a clear message that California will not wait for Washington to value our students and our democracy. We will do it ourselves. Thank you.

Chair Sasha Renee Perezassemblymember

Thank you for your presentation. Seeing as we've heard from our support witnesses, do we have anybody else here in support that would like to use the mic?

Senator Choisenator

Good afternoon, Chair Perez and members. My name is Karina Paredes on behalf of Public Advocates and strong support, and also on behalf of the Education Trust West. Thanks for your time.

Chair Sasha Renee Perezassemblymember

Excellent. Do we have any witnesses here in opposition? Any witnesses in opposition? Seeing nobody rising, I'll turn it back to the committee. Do we have questions or comments from committee members? Senator Kobolden. I'll be short for the birthday, Senator. I appreciate this bill coming before us. I think I'm the only senator at least that's been the vice president of UCSA and the and UCSA's legislative director and worked on these issues for quite quite a few years because it's been a couple of years since I've graduated. And so I understand and appreciate what what the author is doing here and what you see is proposing. I do. I and I'm going to vote for it because I think it is it is critical. I do want to emphasize, though, that this comparison with the community colleges and CSU is relevant, but it's not dispositive. The community college board, I was vice minister of the community college as well. We, the legislature, have structured that board to be largely, much more significantly, a stakeholder-driven board. And that's not what the regents are under the Constitution. The regents are, they are equivalent, they have the same standing as we do in the Constitution as a public trust. And so I just want to be, the job of the student regent, or under this measure, the student regents, is to provide the perspective, the lived experience that students have to the decisions. It is not to represent the students. It is to be a regent for California. And it's not to represent UCSA, much as I love it, or any individual campus student government. So I just hope we stay focused on what we're doing. We believe students are absolutely ready, capable, and insuspenseful to play that role of leading the public trust of the most important public university in the world. And that we not laying the groundwork here for another constitutional amendment in two years to add three more people from this group and that matters because the public trust often requires taking bolder actions And my own experience having worked with both the regents and the community college board is that the more it's stakeholder-driven, the more conservative the board becomes because everyone is from a group inside the system, and then people don't want to take any bold changes. And you might disagree with the SAT decision or other things, but the regents at least have at or basic needs are the things but the regents have at times demonstrated that they are prepared to do do that whether you agree with the decision or not to act in the interest of the people of California not only of the campus communities and so that really is key the other thing I just want to point out just draft from a drafting perspective you know we the the the it's a lot to put the words UC student Association and graduate professional counsel into the Constitution of California. As you as you probably know, neither of those entities existed when the student regent position was created. I was there when UCSA was born, it's had different names. And we do generally as a legislature try to avoid naming non governmental organizations not that don't have a legal basis in law in the Constitution directly. And so there are other ways the existing other parts of the constitutional amendment already do that essentially but just you know to be as clean as possible I would just encourage the author to consider whether or not there are ways that we can achieve this intent without naming specific nonprofit organizations in the Constitution of the state that may or may not persist in that exact in that exact form all of that said I think that the case is very clear that students have both the capacity and the unique perspective and experience in in the institution to be able to contribute and to help to provide that perspective and that voice so that the university is serving their needs, but the needs of the people of California in a much bigger way. And so salute the author for doing the work on the constitutional amendment, and I would intend to vote yes as well. Are there any other comments? Yes, Senator Choi.

Senator Cabaldonsenator

I served in the urban school district and we had high school board member even though we did not authorize any voting rights but there was a voice for the student body and since you served on the board what was your experience out of 26 board members and your one student representation when you spoke with the receptive or reflective of your opinions and affected on their decision-making yes so you know speaking of coming from the experience of being on both the community college board of governors and this one I can see that both definitely valued my voice and my input in different ways but they both did I think the important note about this and making sure that the student is a voting student in particular and increasing the voting population on the board. It's very important because, for example, you're able to create motions and put forward amendments. And so, for example, with the cohort tuition bill that or legislation policy that had gone through a few years ago while I was a voting member, I was able to propose certain amendments like increasing the amount that would go back to students from that tuition or making sure that we are checking in in five years to make sure that the increase in tuition is actually working for students So those sort of things can not be done if you are not a voting student But I think that the board does value the voices It just helps to have a vote. So this bill not only increased a certain board member from one to two, but that both will have a voting rights in there from the beginning, or was a waiting period the one alternating? Yes. Can you explain? Yes, so there would be two voting students. One would be a graduate, one would be an undergraduate, and each one would have their own designate. And so the same way that it works right now where a student comes in and then the student that was there previously as a designate, a non-voting member, would move forward to the voting member seat, and then it continues to cycle out. The same thing would happen, but one of the positions would be a graduate student and the other one would be an undergraduate student. Does that help? Should I re-explain? Okay, so how are they selected by the student body or being appointed? Yes, there's a long process, and the process is primarily decided by students, actually. So students will write in their applications. Those applications will go to what's called the Council of Presidents for students, which is their, each campus has a student association, and those student associations have a president. So all the presidents meet. They put forward some of those applications to the next stage. Then UCSA and UCGPC, which is the graduate counterpart to UCSA, statewide student government, then move forward two to three applicants to a subcommittee of the Board of Regents. So the Board of Regents have final say, but the students direct what two to three students will be put forward as options for the regents, and then the regents decide. So when the student body selects the representation, the existing board members need to accept where that person is, they don't have to approve, so to speak. Do they? Yeah, the Board of Regents do have the power to send the students back and ask for more if they are not satisfied with the two to three that are sent to them, but I don't think that's happened historically. Most of the time they're satisfied with the students that are put forward. Thank you.

Chair Sasha Renee Perezassemblymember

A young student named Ben Allen. Great. Well, seeing as we, looks like we have no other questions and comments, excited that we're going to be considering this today. Hello, Alexis. It's nice to see you. We were just talking about the Native American report that we worked on. A few bills ago. A couple of things. One, I think, Senator Choi, to your point, the selection process for choosing who becomes a student region is very selective and very rigorous. It is not an easy process. The students that have served in this role are incredibly talented, very impressive, go on to do very big things. and you see that in the quality in terms of the participation that they offer on the UC Board of Regents. I think that, you know, this is really critical and timely. I've said many times before that I think we need to not just increase the number of student regents at the UC Board, but also at the CSU Board of Trustees and at the Community College Board of Governors, because you all hold the most valuable perspective in my opinion right You boots on the ground You seeing what happening in real time And you play such an important role in the process of determining how to move the university forward And in particular for the UC system, I think it's especially important because we have limited constitutional oversight of the UC system. And so the decisions that the Board of regents make are that much more crucial and critical. So I think that this is a really exciting opportunity for you all to have a bigger voice in this process. I totally hear what Senator Cabaldon was raising in terms of the naming of the UC Student Association and whatnot. I know that there's been I remember being a student and when not all the UCs were a part of the UC Student Association I know you all are very familiar with that There's certainly been ups and downs that have happened as you know student government can get sticky sometimes and so I recognize that as well and so want to be mindful of the language that we choose to include I also think it's important to to widen the array of students and make really clear that we want folks to participate whether they're involved in student government or not right a tap there's talent everywhere across our campuses and making sure that folks recognize that this is a position that could be for them and they could gain a lot of experience serving in this governance role I think is is really important. So with that, my recommendation is an aye vote. I'm really excited that this is moving forward. I thank the author for bringing this bill forward. It's something that's very timely and certainly has been discussed over many years. Assemblymember Kalozal, I'll turn it to you to

Senator Choisenator

close. Thank you so much, Madam Chair. Thank you so much for your comments and always appreciate your institutional knowledge. Senator Cabaldon would love to work with you on how we can further strengthen AC18. We want to make sure that what we're putting forth to the voters hopefully is something that can stand the test of time and also take into account some of the things that we've known have happened. And so you'll be critical in that. And thank you as well to Senator Choi for your questions. We appreciate you. And thanks as well to Adriani and Alexis for your testimony. I think that this is timely. It's needed. And I think that it's time that we continue to put students first, and I know that they're watching right now from their laptops to see what happens with this, and they care so much about ACA 18, and so I appreciate everyone's support in getting this to the next step. So respectfully ask for your aye vote. Thank you.

Chair Sasha Renee Perezassemblymember

We have a motion from Senator Choi, and the motion for ACA 18 is be adopted and re-referred to the Senate Elections and Constitutional Amendments Committee. Secretary, if you can please call the roll. Senators Perez. Aye. Perez, aye. Ochoa Bog. Cabalden. Aye. Cabalden, aye. Choi. Aye. Choi, aye. Cortese. Gonzalez. Aye. Gonzalez, aye. Gomez, Reyes. And we will put that bill on call. Thank you all so much. Why don't we go ahead, let's lift calls for some of the bills. Do we need to have Senator Gonzalez vote on? Starting with the consent calendar. Senator Gonzalez? Aye. Gonzalez, aye. And consent is out 7,000. Okay. Okay. Um, file item one, SCA five, Senator Cortese motion is be adopted and re referred to the committee on Senate elections and constitutional amendments committee. Um, current vote is four eyes and no nose with the chair voting. I Ochoa Bogue Gonzalez Gonzalez. I Gomez Reyes. Okay. It's back on call. We'll put that bill back on call. Okay. AB 402 Patel motion is do pass to the Senate Appropriations Committee current vote is five eyes and no nose with the chair voting aye but chill Boak Gonzales Gonzales I and we will put that bill back on call file item 3 a B 20 67 Patel motion is do pass current vote is five eyes and one no with the chair voting aye Gonzalez Gonzalez I that bill is out 6-1 she didn't tell me that file item 4 AB 1204 Alvarez motions do pass to the Senate Appropriations Committee current vote is for eyes and no nose with the chair voting I Oh Chau Boge Choi Gonzales Gonzales I that bill is out 5-0 file item 6 AB 1235 Rogers motions do pass to Senate Appropriations Committee current vote is for eyes and two no's with the chair voting I Gonzales because I did you that bill is out five to fall item 9 a B 1555 Hadwick motion is due passes and appropriations committee current vote is six size and no nose with the chair and vice chair voting I Gonzales Gonzales I that bill is out 7-0 file item 10 a B 1641 Jackson Jackson motion is due past the Senate appropriations committee current vote is six size no knows what the chair and vice chair voting aye Gonzales because all is I not bills out 7-0 and ACA 7 Jackson is out 5 to 2 File item 12, 1659, ransom. Motion is due passed to Senate Appropriations Committee. Current vote is 6 ayes, no no's. With the chair and vice chair voting aye. Gonzalez? Aye. Gonzalez, aye. 7-0. That bill is out 7-0. File item 13, AB 1713, ransom. Motion is due passed to Senate Appropriations Committee. Current vote is 5 ayes, no no's. With the chair and vice chair voting aye. Cabaldon Gonzales I that bill is out 6 okay file item 14 AB 1829 farm motions do pass as amended to the Senate Appropriations Committee current vote is five eyes no nose with the chair and vice chair voting I Cabaldon Cabaldon I Gonzales Gonzales I that bill is out 7-0 file item 16 a B 1860 McKenna emotions do pass this in the Appropriations Committee current vote is two eyes and no nose with the chair of voting aye Bocho Boog Cabaldon Troy Gonzales Gonzales I Gomez Reyes I'll put that bill back on call okay on AB 1816 Cabal didn't I okay file item 18 AB in 1943 Gibson motions do past the Senate Appropriations Committee current votes three guys no nose with the chair voting I Ochoa Boog Cabaldon Cabaldon I'm Gonzalez Gonzalez I go miss race and we'll put that bill back on call file item 19 a B 2107 pelerin motions do pass current votes three guys no nose senator Perez I press I Ochoa Boog Gonzales, Gonzales, I Gomez Reyes. And we'll put that bill back on call. File item 22 AB 22 48 Hoover emotions do pass to Senate Appropriations Committee current votes three guys no no's with the chair voting aye Ochoa Bo Cabaldon, Gonzales, Gonzales I go miss Reyes and we will put that bill back on call All righty, so we still need a few more authors or a few more members to come back But we will go ahead and wait for them the time being Thank you. Thank you Thank you. Thank you. We need snacks. We'll be permitted in this committee. No one will starve. Who? Come with me. Okay. So, see everybody. Thank you. Thank you Secretary let lift the calls Case starting with file item 1, SCA 5, Cortese. Motions be adopted, and we refer to the Senate Elections of Constitutional Amendments Committee. current votes five eyes and no nose with chair voting aye Ochoa Bogue Gomez Reyes Gomez Reyes I that bill is out 6-0 file item 2 AB 402 Patel motions do pass to Senate Appropriations Committee current vote is for six eyes no nose with the chair voting aye. Ochobog? Aye. Ochobog aye. Apple is out 7-0. File item 16 AB 1860 McKenna. Motions do pass to Senate Appropriations Committee. Current votes four ayes no no's with the chair voting aye Oh Chobo Chobo no Troy Gomez Reyes Gomez Reyes I that bill is out 5-1 file item 18 on 1943 Gibson motions do pass the Senate Appropriations Committee current votes five eyes no nose with the chair voting aye Oh Chobo Ochoa Bogue, aye. Gomez Reyes? Aye. Gomez Reyes, aye. That bill is out, 7-0. File item 19, aye, AB 2107, Pell-Bren. Motion is due passed. Current vote is 5 ayes. No noes with the chair voting aye. Ochoa Bogue? Aye. Ochoa Bogue, aye. Gomez Reyes? Aye. Gomez Reyes, aye. 7-0. That bill is out, 7-0. File item 22, AB 2248, Hoover. Motions do pass to Senate Appropriations Committee. Current vote is four ayes and no no's, with the chair voting aye. Ochobog? Aye. Ochobog, aye. Cabaldon? Gomez-Reyes? Aye. Gomez-Reyes, aye. That bill is out, 6-0. Okay, and then file item 24, ACA 18, Colosa. The motion is to be adopted and we refer to the Senate Elections and Constitutional Amendments Committee. Current votes for ayes, no no's, with the chair voting aye. Bochoa, Bogue? Aye. Bochoa, Bogue, aye. Cortese, Reyes, Gomez. Excuse me, Gomez, Reyes. Aye. Gomez, Reyes, aye. That bill is out 6-0. That's it. Great. And that is it. This committee is adjourned. Thank you, Madam Chair.

Source: Senate Education Committee · June 3, 2026 · Gavelin.ai