Article 11Educational Services and the Federal Immigration Reform and Control Act of 1986

Section § 32400

Explanation

This law acknowledges that many undocumented immigrants might become permanent residents in California due to federal law changes. These individuals need to prove they understand English and know about U.S. history and government. The state of California plans to set up a test for this purpose, helping immigrants fulfill federal requirements.

(a)CA Education Code § 32400(a) The Legislature finds that as many as one million seven hundred thousand undocumented foreign nationals could be granted amnesty and would seek permanent residency in California under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Under the act, eligible undocumented foreign nationals would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States.
(b)CA Education Code § 32400(b) Further, it is the intent of the Legislature to establish a state test for use by eligible foreign nationals that would attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986 (Public Law 99-603).
undocumented immigrants permanent residency amnesty Immigration Reform and Control Act English understanding U.S. history knowledge government knowledge state test Section 312 Immigration and Nationality Act Public Law 99-603 language proficiency California residency federal requirements citizenship test
(Amended by Stats. 2016, Ch. 69, Sec. 3. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.)

Section § 32401

Explanation

This law section outlines how California is to create or adopt a test, with federal approval, to measure if foreign nationals understand basic English and U.S. history and government as needed for legal status. State officials are required to seek federal approval for using this test. The test should be available to schools and colleges, which may use it to decide what educational support foreign nationals need. Results must be confidential unless the person gives written consent for other uses. Schools getting federal funds must follow strict testing procedures and security.

(a)CA Education Code § 32401(a) The Superintendent, in consultation with the Chancellor of the California Community Colleges, shall develop a test or adopt an existing test, subject to the approval of the United States Attorney General pursuant to the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), to measure whether an eligible foreign national has a minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States as required under Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423).
(b)CA Education Code § 32401(b) The Governor, the Superintendent, the Chancellor of the California Community Colleges, the President pro Tempore of the Senate, and the Speaker of the Assembly shall petition the Director of the United States Immigration and Naturalization Service and the United States Attorney General for approval to use the test referred to in subdivision (a) as one means by which an eligible foreign national may satisfy the requirements under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603).
(c)CA Education Code § 32401(c) The Superintendent shall distribute the test referred to in subdivision (a) to school districts, county offices of education, and community colleges, upon their request for purposes of administration, to eligible foreign nationals granted legal status pursuant to Section 245A of the federal Immigration and Nationality Act, as amended by the Federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Any school district, county office of education, or any other eligible agency that receives federal legalization impact-assistance funds to provide educational services may administer the test for purposes of determining the need of an eligible foreign national applying for legal status for appropriate educational services, and of allowing an eligible foreign national to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. Test results shall be confidential, and shall not be released without the written consent of the eligible foreign national for any purpose that is not directly related to the provision of educational services. Upon request by an eligible foreign national applying for legal status, test results may be transmitted to the United States Immigration and Naturalization Service. School districts, county offices of education, community colleges, and any other eligible agencies that receive federal funds for this purpose shall administer the test using appropriate test monitor and control procedures and provide for necessary test security measures.
foreign nationals understanding of English U.S. history and government test legal status Section 312 federal approval confidential test results educational support federal Immigration Reform and Control Act school districts community colleges California education test administration test security federal legalization impact-assistance funds
(Amended by Stats. 2016, Ch. 69, Sec. 4. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.)