SECTIONS 32400-32401 - California Statutes

EDUCATION CODE

SECTION 32400-32401

32400. (a) The Legislature finds that as many as one million seven
hundred thousand illegal aliens could be granted amnesty and would
seek permanent residency in California under the provisions of the
federal Immigration Reform and Control Act of 1986 (Public Law
99-603). Under the act, eligible aliens 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) Further, it is the intent of the Legislature to establish a
state test that may be used by eligible aliens to 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 Immigration and Nationality Act (8 U.S.C. Sec. 1423) and
the federal Immigration Reform and Control Act of 1986 (Public Law
99-603).

32401. (a) The Superintendent of Public Instruction, 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 alien 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 Immigration and Nationality Act (8 U.S.C. Sec.
1423).
(b) The Governor, the Superintendent of Public Instruction, 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 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 immigrant may
satisfy the requirements under the federal Immigration Reform and
Control Act of 1986 (Public Law 99-603).
(c) The Superintendent of Public Instruction shall distribute this
test to school districts, county offices of education, and community
colleges, upon their request for purposes of administration, to
eligible immigrants granted legal status pursuant to Section 245A of
the 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 which receives federal legalization impact-assistance funds to
provide educational services may administer the test for purposes of
determining the need of an eligible immigrant applying for legal
status for appropriate educational services, and of allowing an
eligible immigrant 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 may not be released without the written consent of the eligible
immigrant for any purpose that is not directly related to the
provision of educational services. Upon request by an eligible
immigrant applying for legal status, test results may be transmitted
to the 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.