Asm. Patrick O'Donnell

This measure would proclaim January 13, 2019, as Korean American Day.

This measure would honor the late Reverend Dr. Martin Luther King, Jr. and commemorate Dr. Martin Luther King, Jr. Day.

Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law conditions eligibility on, among other criteria, a court finding that the defendant's mental disorder played a significant role in the commission of the charged offense. Existing law requires, if the defendant has performed satisfactorily in diversion, that the court dismiss the defendant's criminal charges, with a record filed with the Department of Justice indicating the disposition of the case diverted, that the arrest is deemed never to have occurred, and requires the court to order access to the record of the arrest restricted, except as specified. This bill would make defendants ineligible for the diversion program for certain offenses, including murder, voluntary manslaughter, and rape. The bill would authorize a court to require the defendant to make a prima facie showing that the defendant will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion, as specified. The bill would also require the court, upon request, to conduct a hearing to determine whether restitution is owed to any victim as a result of the diverted offense and, if owed, to order its payment during the period of diversion. The bill would provide that a defendant's inability to pay restitution due to indigence or mental disorder would not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. The bill would also make technical changes.

Existing law establishes the California Assessment of Student Performance and Progress (CAASPP) as the statewide system of pupil assessments under which certain assessments are required or authorized to be administered in public schools, as specified, including a consortium summative assessment in English language arts and mathematics for grades 3 to 8, inclusive, and grade 11 that measures content standards adopted by the State Board of Education. This bill would require, pursuant to specified provisions of the federal Elementary and Secondary Education Act, the Superintendent of Public Instruction to approve a nationally recognized high school assessment that a local educational agency, as defined, may, at its own discretion, administer, if the alternative assessment is approved by the local educational agency's governing board or body in a public meeting, commencing with the 2020–21 school year, and each school year thereafter, in lieu of the consortium summative assessment in English language arts and mathematics for grade 11. The bill would require a nationally recognized high school assessment approved by the Superintendent to meet specified requirements, would authorize the Superintendent to require the publisher of that assessment to provide documentation that the assessment meets or exceeds these requirements, and would require the Superintendent, if he or she determines that the assessment does not meet these requirements, to inform the assessment's publisher in writing of specific deficiencies and changes needed to meet these requirements. The bill would authorize a governing board of a local educational agency that is part of a consortium of local educational agencies to enter into a cooperative contract with a publisher for the purposes of providing an assessment, as provided. To the extent permitted by the United States Department of Education, the bill would deem certain nationally recognized high school assessments to meet these requirements, and would require the Superintendent to approve these assessments for selection by a local educational agency. The bill would require the state board to amend the state plan required pursuant to federal law to account for the authorization for local educational agencies to use an alternate assessment pursuant to the bill's provisions, if required by federal law. The bill would require a local educational agency that administers a nationally recognized high school assessment to comply with specified requirements, would require the Superintendent to apportion to the local educational agency the lesser of the actual cost of administering the alternative assessment, as specified, and the amount that would have been apportioned to the local educational agency if it had administered the consortium summative assessment in English language arts and mathematics for grade 11. The bill would state that a local educational agency may administer only one nationally recognized high school assessment in lieu of the consortium summative assessment in English language arts and mathematics for grade 11. The bill would make these provisions inoperative 5 years after the first school year in which a local educational agency is able to exercise the authority to administer the alternative assessment, as specified, and would repeal these provisions as of the following January 1. The bill would require the Superintendent to inform the Legislative Counsel within 30 days of when this 5 year condition has been satisfied and post that determination on its Internet Web site. The bill would require the State Department of Education to ensure that local educational agencies comply with specified requirements, concerning the alternative assessment, that apply in connection with the summative assessments under CAASPP, including that grade 11 pupils, or parents or legal guardians of those pupils, may request results from the alternative assessment. Existing law requires the Superintendent to prepare and submit, and subsequently post on the Internet Web site of the department, an annual report to the state board containing an analysis of the results and test scores of the summative assessments administered under the CAASPP. This bill would require the Superintendent to include the results and test scores of the alternative assessment in that annual report.

Existing law requires the adopted course of study for grades 1 to 12, inclusive, to include, among other subjects, the social sciences. Existing law encourages instruction in the area of social sciences for grades 7 to 12, inclusive, that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the Vietnam War and men and women who contributed to the war effort on the homefront, as specified. Existing law requires the State Board of Education, with the assistance of the Superintendent of Public Instruction, to establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board. This bill would require the commission to develop and submit to the state board, on or before December 31, 2022, and the state board to adopt, modify, or revise, on or before March 31, 2023, a model curriculum relative to the Vietnamese American refugee experience and a model curriculum relative to the Cambodian genocide, as specified, for use in elementary schools, middle schools, and high schools. The bill would encourage a school district, charter school, or county office of education that maintains kindergarten or any of grades 1 to 12, inclusive, that does not otherwise offer a standards-based curriculum relative to the Vietnamese American refugee experience, Vietnamese boat people, and the Republic of Vietnam Armed Forces, or that does not otherwise offer a standards-based curriculum relative to the Cambodian genocide, to offer a course of study based on the respective model curriculum. The bill would require the model curricula to be developed with participation from specified entities and individuals. The bill would provide that implementation of its provisions is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute. The bill would require the commission to develop a model curriculum in Hmong history and cultural studies, as provided. The bill would require the commission, on or before December 31, 2022, to submit the model curriculum to the state board for adoption, and would require the state board to adopt, modify, or reject the model curriculum on or before March 31, 2023. The bill would require the Superintendent, following the adoption of the model curriculum, to post the model curriculum on the State Department of Education's Internet Web site for use on a voluntary basis by educators. The bill, beginning in the school year following the adoption of the model curriculum, would encourage local educational agencies, as defined, to use the model curriculum to provide instruction in kindergarten and grades 1 to 12, inclusive. The bill would provide that implementation of its provisions is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute.

(1) Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. Existing law also establishes the California Apprenticeship Council within the Division of Apprenticeship Standards (division) , and requires the council to aid the Director of Industrial Relations (director) in formulating policies with respect to apprentice regulation. Existing law requires the membership of the council to be composed of specified persons, and requires the council to meet at the call of the director. Existing law authorizes the council to issue rules and regulations to establish apprenticeship standards. Existing law provides that any person who willfully discriminates in any recruitment or apprenticeship program, as specified, is guilty of a misdemeanor. The bill would establish the Interagency Advisory Committee on Apprenticeship (committee) within the division, and would require that committee to provide advice and guidance to the Administrator of Apprenticeship and the chief on apprenticeship programs, standards, and agreements, as well as preapprenticeship, certification, and on-the-job training and retraining programs, in nonbuilding trades industries. The bill would require the membership of the committee to be composed of specified ex officio members of various departments and 6 persons appointed by the Secretary of Labor and Workforce Development who are familiar with specified apprenticeable occupations that meet specified requirements. The bill would require the Secretary of Labor and Workforce Development to designate a chair of the committee, and would establish rules and procedures for meetings of the committee. The bill would revise the provisions relating to the California Apprenticeship Council (council) by increasing the membership of the council to include the Chairperson of the California Firefighter Joint Apprenticeship Committee, and removing the requirement that the council meet at the call of the director and aid the director in the formulation of policies with respect to apprentice regulation. The bill would specifically remove the authority of the council over apprenticeship programs in nonbuilding and nonfirefighter trades and would transfer that authority to the chief, but would continue to authorize the council to issue rules and regulations that establish standards for apprenticeship agreements in the building and construction trades and for firefighter occupations, subject to certain standards. The bill would authorize the chief, in consultation with the committee, to issue rules and regulations that establish minimum wages, maximum hours, and working conditions for apprenticeship agreements in nonbuilding and nonfirefighter trades subject to certain standards, and would provide that specified regulations remain in effect until new regulations are issued by the chief. This bill would require the division, by January 1, 2019, to establish a preapprenticeship program for the purpose of establishing eligibility for any state programs, and would establish standards and procedures for the approval of a preapprenticeship program, such as requiring the program to include specified elements. This bill would modify a process whereby decisions of the chief and the council relating to apprenticeship programs are posted, can be appealed, and become final. The bill would also establish standards governing how the term of apprenticeship may be measured. The bill would also revise and reorganize provisions relating to apprenticeship programs, and would make conforming changes in various codes. This bill would expand the scope of an existing crime with respect to willful violations of provisions of the law related to discrimination in apprenticeship and preapprenticeship programs, and would thereby impose a state-mandated local program. (2) Existing law authorizes the Board of Governors of the California Community Colleges, to the extent that funds are available, to establish certain internship training programs and to actively support apprenticeship training programs in collaboration with the Division of Apprenticeship Standards of the Department of Industrial Relations. Existing law requires the Chancellor of the California Community Colleges to allocate funds for approved apprenticeship programs in good standing and, upon appropriation by the Legislature, to allocate funds solely for the purposes of reimbursing community colleges. The bill would revise those provisions to include approved preapprenticeship training programs and the development of approved preapprenticeship training demonstration projects. This bill would require that any funding allocated pursuant to those provisions be exclusively used for approved apprenticeship training programs, and would prohibit those funds to be used for the purposes of preapprenticeship. (3) Existing law requires the Chief of the Division of Apprenticeship Standards and the California Apprenticeship Council to report annually through the Director of Industrial Relations on the activities of the division and the council, and further requires that the report include specified information with respect to apprenticeship programs in this state. This bill would require the chief to include within that annual report specified information related to apprenticeship programs that were allocated funds by the Chancellor of the California Community Colleges in accordance with the process described above. (4) Existing law authorizes specific governmental entities in San Diego to enter into a joint powers agreement to create and operate a joint powers agency known as the San Diego Model School Development Agency for the development and construction of a specified model school project. Existing law requires construction workers employed as apprentices by contractors and subcontractors on contracts awarded by the agency to be enrolled in a registered apprenticeship program, approved by the council, that has graduated apprentices in the same craft in each of the preceding five years. This bill would delete these joint powers agency provisions. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. (6) This bill would incorporate additional changes to Section 3073.5 of the Labor Code proposed by AB 3231 to be operative only if this bill and AB 3231 are enacted and this bill is enacted last. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.