Sen. Rosilicie Ochoa Bogh

Existing law finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs. Existing law provides that it is the intent of the Legislature that education programs are provided under an approved local plan for special education, as provided. This bill would require, consistent with state and federal law, a school district, county office of education, and charter school, when implementing inclusion and universal design for learning initiatives, to consider specified things with respect to the full language access needs of pupils who are deaf, hard of hearing, or deaf-blind, as provided. The bill would require individualized family service plan teams and individualized education program teams, when determining the least restrictive environment for a deaf, hard of hearing, or deaf-blind pupil 0 to 22 years of age, inclusive, to consider the language needs of the pupil, as provided, and to consider reviewing placements and services available to the pupil. By imposing additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program. The bill would require the State Department of Education, on or before July 1, 2025, to communicate these requirements to all school districts, county offices of education, and charter schools, as well as notify nonpublic, nonsectarian schools or agencies certified by the state, the special education local plan areas, the California School for the Deaf, and the California School for the Blind of these provisions. 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. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the adopted course of study for grades 7 to 12, inclusive, to offer courses in specified areas of study, including, among others, social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Existing law requires social science instruction to include, among other things, instruction that provides a foundation for understanding the development of the American economic system, including the role of the entrepreneur and labor. This bill, with respect to the adopted course of study for grades 7 to 12, inclusive, would require the social sciences area of study to also include instruction on personal financial literacy, as provided. By imposing additional duties on school officials, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 51220 of the Education Code proposed by AB 1821 to be operative only if this bill and AB 1821 are enacted and this bill is enacted last. 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. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, commonly known as the Cyberbullying Protection Act, requires a social media platform, as defined, to disclose all cyberbullying reporting procedures in the social media platform's terms of service and to establish a mechanism within its internet-based service that allows an individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or content that violates the existing terms of service. The act defines "cyberbullying" to mean any severe or pervasive conduct made by an electronic act, as specified, committed by a pupil or group of pupils directed toward one or more pupils that has, or can reasonably be predicted to have, certain effects, including placing a reasonable pupil in fear of harm to that pupil's person or property. The act makes a social media platform that violates its provisions liable for a civil penalty of not more than $7,500 for each intentional violation to be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The act also authorizes a court to order injunctive relief to obtain compliance with these provisions. This bill would generally apply the act's provisions to minors rather than pupils. The bill would define the phrase "severe or pervasive conduct" to include only content that has, or can be reasonably predicted to have, specified harmful, detrimental, or substantially interfering effects. The bill would provide that "severe conduct" may also include conduct that, among other things, calls for self-injury or suicide of a minor or a specific person or of a group of individuals related to a minor. The bill would additionally require the mechanism required by the act to meet additional criteria, including that the mechanism provides, within 36 hours of receipt of a report, written confirmation to the reporting individual that the social media platform received that individual's report. The bill would authorize civil actions for relief only by a parent, legal guardian, or administrator who submits a report of cyberbullying to the social media platform, a city attorney, a district attorney, a county counsel, or the Attorney General. The bill would increase the civil liability for violating the act to $10,000 and would make a social media platform that violates the act's provisions liable for compensatory and punitive damages, as provided. The bill would authorize a court to award reasonable attorney's fees and costs to the prevailing plaintiff, as specified. This bill would state that its provisions are severable. The bill would also make a nonsubstantive change.

Existing law requires the governing board of any school district to give diligent care to the health and physical development of pupils. Existing law authorizes a school district, county office of education, and charter school to provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered, and authorizes school nurses or trained personnel to use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose, as provided. This bill would prohibit school districts, county offices of education, and charter schools from prohibiting pupils in middle schools, junior high schools, high schools, or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist, as provided, for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose.

Existing law classifies certain criminal offenses as a "violent felony" for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions. Existing law includes among the list of violent felonies rape accomplished against a person's will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim's will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, intoxication, or unconsciousness, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation. This bill would also include the rape of an intoxicated person wherein the defendant drugged the victim, as specified, in the list of violent felonies. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. 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. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Early Education Act, among other things, requires the Superintendent of Public Instruction to administer all California state preschool programs. Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law requires the Commission on Teacher Credentialing to, by rule or regulation, establish requirements for the issuance and the renewal of permits authorizing, among other things, service in the care, development, and instruction of children in childcare and development programs, as specified. Existing law additionally requires the commission to, by rule or regulation, establish requirements for the periods of duration of the above-mentioned permit. This bill would, on or before April 30, 2025, require the commission to, by rule or regulation, authorize a holder of a Child Development Associate Teacher Permit to renew their permit without a limitation on the number of renewals if the permitholder completes specified hours of professional growth activities, as provided.

Existing law requires each participating community college to provide a Student Success Completion Grant award to a student attending a community college if the student receives a Cal Grant B or C award, makes satisfactory academic progress, and is a California resident or is exempt from paying nonresident tuition. Existing law awards $1,298 per semester, or the quarterly equivalent, for eligible students who enroll in 12, 13, or 14 units per semester, or the quarterly equivalent number of units, awards $4,000 per semester, or the quarterly equivalent, for eligible students who enroll in 15 units per semester, or the quarterly equivalent number of units, and, commencing with the 2023–24 academic year, awards $5,250 per semester, or the quarterly equivalent, to eligible students who are current or former foster youth who enroll in 12 or more units per semester, or the quarterly equivalent number of units. This bill would require each participating community college to also award $1,298 per semester, or the quarterly equivalent, to eligible students who enroll in 9 or more units per semester, or the quarterly equivalent number of units, who are considered full-time as part of a disabled student programs and services Academic Accommodation Plan, as described.

Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was a minor, and the person who solicited the minor knew or reasonably should have known that the person solicited was a minor, the offense is punishable by imprisonment in the county jail for a mandatory minimum of 2 days and not to exceed one year, by a fine not to exceed $10,000, or by both such fine and imprisonment. This bill would make this offense applicable only to a defendant who is 18 years of age or older at the time of the offense. The bill would, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, make the offense punishable as a wobbler by imprisonment in the county jail for not more than 1 year and a fine not to exceed $10,000 or by imprisonment in the county jail for 16 months or 2 or 3 years. For a 2nd or subsequent offense under those conditions, the bill would require that the offense be punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years. By changing the elements and increasing the punishment of a crime, this bill would impose a state-mandated local program. Existing law requires persons convicted of certain specified crimes to annually register as a sex offender, as specified, for a term of 10, 20, or 30 years. This bill would require a person who is 18 years of age or older, on or after January 1, 2025, is convicted of, and who has a prior conviction for, soliciting a minor, as specified, to annually register as a sex offender for a term of 10 years if, at the time of the offense, the person was more than 10 years older than the solicited minor. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by SB 926, AB 1874, and AB 1962, to be operative only if this bill and some or all of those other bills are enacted and this bill is enacted last. 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. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Water Resources to update every 5 years the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state, which is known as "The California Water Plan." Existing law requires the department to include a discussion of various strategies in the plan update, including, but not limited to, strategies relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers, that may be pursued in order to meet the future needs of the state. Existing law requires the department to establish an advisory committee to assist the department in updating the plan. This bill would revise and recast certain provisions regarding The California Water Plan to, among other things, require the department to expand the membership of the advisory committee to include tribes, labor, and environmental justice interests. The bill would require the department, as part of the 2033 update to the plan, to update the interim planning target for 2050, as provided. The bill would require the target to consider the identified and future water needs for all beneficial uses and ensure safe drinking water for all Californians, among other things. The bill would require the plan to include specified components, including discussions of environmental needs, urban sector water needs, and agricultural water needs, and a discussion of the estimated costs and benefits of any project type or action that is recommended by the department within the plan that could help achieve the water supply targets. The bill would require the department to report to the Legislature the amendments, supplements, and additions included in the updates of the plan, together with a summary of the department's conclusions and recommendations, in the session in which the updated plan is issued. The bill would also require the department to conduct public workshops to give interested parties an opportunity to comment on the plan. Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. This bill would require the department to offer the regional water quality control boards opportunities to provide input to assist the department in updating the plan.

Existing law establishes the California Interagency Council on Homelessness to identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California by creating partnerships between federal, state, local, and nonprofit entities. Existing law requires a state agency or department that administers one or more state homelessness programs, upon request of the council, to participate in council activities, as specified, and to provide to the council any relevant information regarding those state homelessness programs. This bill would require, commencing September 1, 2025, a state agency or department that administers one or more state homelessness programs to report annually to the council cost and outcome data for each program the agency or department administers, and would require the council, in coordination with each agency or department required to report to the council, as specified, to develop data collection and reporting procedures for this purpose. The bill would require the council to compile the data reported by agencies and departments and, commencing April 1, 2026, annually make that data available to the public.