CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1255Introduced by Committee on EducationFebruary 21, 2025 An act to amend Section 54441 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 1255, as introduced, Committee on Education. Pupil instruction: migrant education: migrant regions.Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as provided. Existing law requires the Superintendent of Public Instruction, in implementing the state master plan for services to migrant children, to establish the service regional system as the primary method for the delivery of services to migrant children. Existing law requires the Superintendent to review and approve plans for the establishment of service regions and to incorporate specified criteria in the approval of regional plans, as provided.Existing law defines migrant region, for purposes of this law pertaining to services for migrant children, as an operating agency comprised of a county or a combination of counties, or a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, meeting specified criteria.This bill would revise the definition of migrant region to instead mean an operating agency meeting the specified criteria comprised of a county office of education or a combination of county offices of education, a school district or a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 54441 of the Education Code is amended to read:54441. The definitions set forth in this section shall govern the interpretation of this article.(a) Currently migratory child means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her their identification as such a child, in order that the child, a parent, guardian, or other member of his or her the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the childs eligibility for migrant education services.Currently migratory child includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.(b) Former migratory child means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the childs eligibility for migrant education services but have not removed the child from the program.(c) Agricultural activity means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees.(d) Fishing activity means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence.(e) Operating agency means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program.(f) Migrant region means an operating agency comprised of a county or office of education or a combination of county offices of education, a school district or a combination of counties, or school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1.(g) Quality control means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.(h) Supplementary services means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district.(i) Average monthly enrollments means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.(j) Department means the State Department of Education.(k) Superintendent means the Superintendent of Public Instruction.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the efficient administration of the migrant education program to all grantees, it is necessary that this act take effect immediately. CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1255Introduced by Committee on EducationFebruary 21, 2025 An act to amend Section 54441 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 1255, as introduced, Committee on Education. Pupil instruction: migrant education: migrant regions.Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as provided. Existing law requires the Superintendent of Public Instruction, in implementing the state master plan for services to migrant children, to establish the service regional system as the primary method for the delivery of services to migrant children. Existing law requires the Superintendent to review and approve plans for the establishment of service regions and to incorporate specified criteria in the approval of regional plans, as provided.Existing law defines migrant region, for purposes of this law pertaining to services for migrant children, as an operating agency comprised of a county or a combination of counties, or a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, meeting specified criteria.This bill would revise the definition of migrant region to instead mean an operating agency meeting the specified criteria comprised of a county office of education or a combination of county offices of education, a school district or a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1255 Introduced by Committee on EducationFebruary 21, 2025 Introduced by Committee on Education February 21, 2025 An act to amend Section 54441 of the Education Code, relating to pupil instruction, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1255, as introduced, Committee on Education. Pupil instruction: migrant education: migrant regions. Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as provided. Existing law requires the Superintendent of Public Instruction, in implementing the state master plan for services to migrant children, to establish the service regional system as the primary method for the delivery of services to migrant children. Existing law requires the Superintendent to review and approve plans for the establishment of service regions and to incorporate specified criteria in the approval of regional plans, as provided.Existing law defines migrant region, for purposes of this law pertaining to services for migrant children, as an operating agency comprised of a county or a combination of counties, or a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, meeting specified criteria.This bill would revise the definition of migrant region to instead mean an operating agency meeting the specified criteria comprised of a county office of education or a combination of county offices of education, a school district or a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies.This bill would declare that it is to take effect immediately as an urgency statute. Existing law requires the State Board of Education to adopt a state master plan for services to migrant children, as provided. Existing law requires the Superintendent of Public Instruction, in implementing the state master plan for services to migrant children, to establish the service regional system as the primary method for the delivery of services to migrant children. Existing law requires the Superintendent to review and approve plans for the establishment of service regions and to incorporate specified criteria in the approval of regional plans, as provided. Existing law defines migrant region, for purposes of this law pertaining to services for migrant children, as an operating agency comprised of a county or a combination of counties, or a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, meeting specified criteria. This bill would revise the definition of migrant region to instead mean an operating agency meeting the specified criteria comprised of a county office of education or a combination of county offices of education, a school district or a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies. This bill would declare that it is to take effect immediately as an urgency statute. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 54441 of the Education Code is amended to read:54441. The definitions set forth in this section shall govern the interpretation of this article.(a) Currently migratory child means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her their identification as such a child, in order that the child, a parent, guardian, or other member of his or her the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the childs eligibility for migrant education services.Currently migratory child includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.(b) Former migratory child means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the childs eligibility for migrant education services but have not removed the child from the program.(c) Agricultural activity means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees.(d) Fishing activity means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence.(e) Operating agency means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program.(f) Migrant region means an operating agency comprised of a county or office of education or a combination of county offices of education, a school district or a combination of counties, or school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1.(g) Quality control means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.(h) Supplementary services means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district.(i) Average monthly enrollments means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.(j) Department means the State Department of Education.(k) Superintendent means the Superintendent of Public Instruction.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the efficient administration of the migrant education program to all grantees, it is necessary that this act take effect immediately. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 54441 of the Education Code is amended to read:54441. The definitions set forth in this section shall govern the interpretation of this article.(a) Currently migratory child means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her their identification as such a child, in order that the child, a parent, guardian, or other member of his or her the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the childs eligibility for migrant education services.Currently migratory child includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.(b) Former migratory child means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the childs eligibility for migrant education services but have not removed the child from the program.(c) Agricultural activity means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees.(d) Fishing activity means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence.(e) Operating agency means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program.(f) Migrant region means an operating agency comprised of a county or office of education or a combination of county offices of education, a school district or a combination of counties, or school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1.(g) Quality control means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.(h) Supplementary services means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district.(i) Average monthly enrollments means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.(j) Department means the State Department of Education.(k) Superintendent means the Superintendent of Public Instruction. SECTION 1. Section 54441 of the Education Code is amended to read: ### SECTION 1. 54441. The definitions set forth in this section shall govern the interpretation of this article.(a) Currently migratory child means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her their identification as such a child, in order that the child, a parent, guardian, or other member of his or her the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the childs eligibility for migrant education services.Currently migratory child includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.(b) Former migratory child means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the childs eligibility for migrant education services but have not removed the child from the program.(c) Agricultural activity means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees.(d) Fishing activity means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence.(e) Operating agency means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program.(f) Migrant region means an operating agency comprised of a county or office of education or a combination of county offices of education, a school district or a combination of counties, or school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1.(g) Quality control means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.(h) Supplementary services means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district.(i) Average monthly enrollments means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.(j) Department means the State Department of Education.(k) Superintendent means the Superintendent of Public Instruction. 54441. The definitions set forth in this section shall govern the interpretation of this article.(a) Currently migratory child means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her their identification as such a child, in order that the child, a parent, guardian, or other member of his or her the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the childs eligibility for migrant education services.Currently migratory child includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.(b) Former migratory child means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the childs eligibility for migrant education services but have not removed the child from the program.(c) Agricultural activity means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees.(d) Fishing activity means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence.(e) Operating agency means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program.(f) Migrant region means an operating agency comprised of a county or office of education or a combination of county offices of education, a school district or a combination of counties, or school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1.(g) Quality control means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.(h) Supplementary services means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district.(i) Average monthly enrollments means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.(j) Department means the State Department of Education.(k) Superintendent means the Superintendent of Public Instruction. 54441. The definitions set forth in this section shall govern the interpretation of this article.(a) Currently migratory child means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her their identification as such a child, in order that the child, a parent, guardian, or other member of his or her the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the childs eligibility for migrant education services.Currently migratory child includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity.(b) Former migratory child means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the childs eligibility for migrant education services but have not removed the child from the program.(c) Agricultural activity means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees.(d) Fishing activity means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence.(e) Operating agency means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program.(f) Migrant region means an operating agency comprised of a county or office of education or a combination of county offices of education, a school district or a combination of counties, or school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1.(g) Quality control means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs.(h) Supplementary services means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district.(i) Average monthly enrollments means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10.(j) Department means the State Department of Education.(k) Superintendent means the Superintendent of Public Instruction. 54441. The definitions set forth in this section shall govern the interpretation of this article. (a) Currently migratory child means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding his or her their identification as such a child, in order that the child, a parent, guardian, or other member of his or her the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the childs eligibility for migrant education services. Currently migratory child includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity. (b) Former migratory child means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the childs eligibility for migrant education services but have not removed the child from the program. (c) Agricultural activity means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees. (d) Fishing activity means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence. (e) Operating agency means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program. (f) Migrant region means an operating agency comprised of a county or office of education or a combination of county offices of education, a school district or a combination of counties, or school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of counties and agencies, county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1. (g) Quality control means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs. (h) Supplementary services means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district. (i) Average monthly enrollments means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10. (j) Department means the State Department of Education. (k) Superintendent means the Superintendent of Public Instruction. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the efficient administration of the migrant education program to all grantees, it is necessary that this act take effect immediately. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to ensure the efficient administration of the migrant education program to all grantees, it is necessary that this act take effect immediately. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: ### SEC. 2. In order to ensure the efficient administration of the migrant education program to all grantees, it is necessary that this act take effect immediately.