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Legal Resources | Education Code |  EC  32401  

Test to Measure Understanding of English   

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(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 USC Sec. 1423).

(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) 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.

(Amended by Stats. 2016, Ch. 69, Sec. 4. Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.)