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Measure AB 1255
Authors Committee on Education  
Subject Pupil instruction: newcomer pupils: migrant education: migrant regions.
Relating To relating to pupil instruction.
Title An act to amend Sections 33547 and 54441 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately.
Last Action Dt 2025-10-01
State Chaptered
Status Chaptered
Active? Y
Vote Required Two Thirds
Appropriation No
Fiscal Committee Yes
Local Program No
Substantive Changes None
Urgency Yes
Tax Levy No
Leginfo Link Bill
Actions
2025-10-01     Approved by the Governor.
2025-10-01     Chaptered by Secretary of State - Chapter 185, Statutes of 2025.
2025-09-15     Enrolled and presented to the Governor at 4:30 p.m.
2025-09-04     Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2912.).
2025-09-02     In Assembly. Concurrence in Senate amendments pending.
2025-09-02     Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2396.).
2025-08-21     Read second time. Ordered to third reading.
2025-08-20     Read third time and amended. Ordered to second reading.
2025-08-20     Ordered to third reading.
2025-08-20     Action rescinded whereby the bill was read third time, urgency clause adopted, passed, and to Assembly.
2025-07-14     Ordered to the Senate.
2025-07-14     In Senate. Held at Desk.
2025-07-10     Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2043.).
2025-07-10     In Assembly. Concurrence in Senate amendments pending.
2025-07-08     Read second time. Ordered to Consent Calendar.
2025-07-07     From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.
2025-06-25     From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 25). Re-referred to Com. on APPR.
2025-06-16     From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.
2025-06-11     Referred to Com. on ED.
2025-06-03     In Senate. Read first time. To Com. on RLS. for assignment.
2025-06-02     Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1919.).
2025-05-27     Read second time. Ordered to third reading.
2025-05-23     Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)
2025-05-23     From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 23).
2025-05-23     Read second time and amended. Ordered returned to second reading.
2025-05-14     In committee: Set, first hearing. Referred to APPR. suspense file.
2025-05-06     Re-referred to Com. on APPR.
2025-05-05     Read second time and amended.
2025-05-01     From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 30).
2025-04-22     Re-referred to Com. on ED.
2025-04-21     From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
2025-03-10     Referred to Com. on ED.
2025-02-24     Read first time.
2025-02-22     From printer. May be heard in committee March 24.
2025-02-21     Introduced. To print.
Keywords
Tags
Versions
Chaptered     2025-10-01
Enrolled     2025-09-08
Amended Senate     2025-08-20
Amended Senate     2025-06-16
Amended Assembly     2025-05-23
Amended Assembly     2025-05-05
Amended Assembly     2025-04-21
Introduced     2025-02-21
Last Version Text
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		<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Education</ns0:AuthorText>
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		<ns0:Title> An act to amend Sections 33547 and 54441 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately. </ns0:Title>
		<ns0:RelatingClause>pupil instruction, and declaring the urgency thereof, to take effect immediately</ns0:RelatingClause>
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			<ns0:Subject>Pupil instruction: newcomer pupils: migrant education: migrant regions.</ns0:Subject>
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				(1)
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				Existing law requires the Instructional Quality Commission to recommend curriculum frameworks and instructional materials for adoption to the State Board of Education. Existing law requires, at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels. Existing law also requires the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the State Board of Education for adoption include resources to help teachers meet the needs of newcomer pupils.
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			<html:p>This bill would instead require, at
		the next adoption or followup adoption of instructional materials for use in kindergarten and grades 1 to 8, inclusive, in English Language Arts and English Language Development, the commission to consider including resources to help teachers meet the unique academic and English language development needs of newcomer pupils.</html:p>
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				(2)
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				Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as provided. Existing law requires the Superintendent of Public Instruction, in implementing the state master plan for services to migrant children, to establish the service regional system as the primary method for the delivery of services to migrant children. Existing law requires the Superintendent to review and approve plans for the establishment of service regions and to incorporate specified criteria in the approval of regional plans, as provided.
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			<html:p>Existing law
		defines “migrant region,” for purposes of this law pertaining to services for migrant children, as an operating agency comprised of a county or a combination of counties, or a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, meeting specified criteria.</html:p>
			<html:p>This bill would revise the definition of “migrant region” to instead mean an operating agency meeting the specified criteria comprised of a county office of education or a combination of county offices of education, a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies.</html:p>
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				(3)
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				This bill would declare that it is to take effect immediately as an urgency statute.
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		<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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			<ns0:Num>SECTION 1.</ns0:Num>
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				Section 33547 of the 
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				 is amended to read:
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							<html:p>At the next adoption or followup adoption of instructional materials for use in kindergarten and grades 1 to 8, inclusive, in English Language Arts and English Language Development, the commission shall consider including resources for teachers to help them meet the unique academic and English language development needs of newcomer pupils.</html:p>
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			<ns0:Num>SEC. 2.</ns0:Num>
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				Section 54441 of the 
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				 is amended to read:
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							<html:p>The definitions set forth in this section shall govern the interpretation of this article.</html:p>
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								(a)
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								“Currently migratory child” means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding their identification as such a child, in order that the child, a parent, guardian, or other member of the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services.
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							<html:p>“Currently migratory child” includes a child who, without the parent or guardian,
				  has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.</html:p>
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								(b)
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								“Former migratory child” means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the child’s eligibility for migrant education services but have not removed the child from the program.
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								(c)
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								“Agricultural activity” means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees.
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								(d)
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								“Fishing activity” means any activity directly related to the catching or processing of fish or shellfish for initial
				  commercial sale or as a principal means of personal subsistence.
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								(e)
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								“Operating agency” means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program.
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								(f)
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								“Migrant region” means an operating agency comprised of a county office of education or a combination of county offices of education, a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1.
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								(g)
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								“Quality control” means the development of program quality standards by the
				  state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.
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								(h)
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								“Supplementary services” means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district.
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								(i)
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								“Average monthly enrollments” means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.
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								(j)
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								“Department” means the State Department of Education.
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								(k)
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								“Superintendent” means the Superintendent of Public Instruction.
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				<html:p>This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:</html:p>
				<html:p>In order to ensure the efficient administration of the migrant education program to all grantees and to ensure that an upcoming adoption of instructional materials by the State Board of Education includes resources for teachers to meet the unique needs of newcomer pupils, it is necessary that this act take effect immediately.</html:p>
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Last Version Text Digest (1) Existing law requires the Instructional Quality Commission to recommend curriculum frameworks and instructional materials for adoption to the State Board of Education. Existing law requires, at the next regularly scheduled revision of the curriculum framework in English Language Arts and English Language Development, the commission to consider including content designed to provide teachers with resources to meet the unique academic and English language development needs of newcomer pupils at all grade levels. Existing law also requires the commission to ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the State Board of Education for adoption include resources to help teachers meet the needs of newcomer pupils. This bill would instead require, at the next adoption or followup adoption of instructional materials for use in kindergarten and grades 1 to 8, inclusive, in English Language Arts and English Language Development, the commission to consider including resources to help teachers meet the unique academic and English language development needs of newcomer pupils. (2) Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as provided. Existing law requires the Superintendent of Public Instruction, in implementing the state master plan for services to migrant children, to establish the service regional system as the primary method for the delivery of services to migrant children. Existing law requires the Superintendent to review and approve plans for the establishment of service regions and to incorporate specified criteria in the approval of regional plans, as provided. Existing law defines “migrant region,” for purposes of this law pertaining to services for migrant children, as an operating agency comprised of a county or a combination of counties, or a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, meeting specified criteria. This bill would revise the definition of “migrant region” to instead mean an operating agency meeting the specified criteria comprised of a county office of education or a combination of county offices of education, a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies. (3) This bill would declare that it is to take effect immediately as an urgency statute.