AB 714: Pupil Instruction: Newcomer Students

Assembly Bill (AB) 714 establishes a statewide definition of "newcomer pupil," aligning with the federal definition of "immigrant children and youth." The bill requires the California Department of Education (CDE) to curate and maintain an online collection of information, guidance, and resources to support the educational success of newcomer pupils. Specifically, AB 714 directs the CDE to provide information on graduation requirements, English language development (ELD) instruction, grade placement flexibility, extended high school enrollment options, evaluation of foreign transcripts, supports for newcomer pupils with disabilities, and available state and federal programs. AB 714 ensures that local educational agencies (LEAs) have centralized access to best practices and policies that promote equitable access and success for newcomer students.

Please note that this guidance does not constitute legal advice and is not binding. For questions about the implications of the information on this web page on local programs or specific circumstances, LEAs should consult their local counsel.

AB 714 Frequently Asked Questions (FAQs)

AB 714 amends Education Code (EC) sections 51225.1, 51225.2, and 60811.8, and adds EC sections 33547 and 54450.

These FAQs are intended to provide LEAs with information regarding changes or modifications resulting from AB 714 with respect to newcomer pupils. This collection is not intended to be a complete list of all possible questions or scenarios.

1. When did AB 714 go into effect?

   AB 714 became effective on January 1, 2024.

2. Does AB 714 require LEAs to report new data to the CDE?

   No.

3. How does AB 714 define newcomer pupils?

   AB 714 defines “newcomer pupil” the same as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code as the following: Immigrant children and youth are individuals who (a) are aged three through twenty-one; (b) were not born in any state (each of the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico); and (c) have not been attending one or more schools in the United States for more than three full academic years.

4. Does AB 714 include new requirements for LEAs with respect to newcomer pupils and programs?

   No. As it pertains to EC sections 51225.1, 51225.2 , and 60811.8 , AB 714 does not include new requirements for LEAs with respect to newcomer pupils and programs. AB 714 replaces the phrase "pupil participation in a newcomer program" with the term "newcomer pupil" and defines "newcomer pupil" as having the same meaning as "immigrant children and youth," as defined in Section 7011(5), Title 20, United States Code.

5. Does AB 714 impact/relate to AB 2735 and/or AB 2121?

   Yes. The CDE maintains FAQs for AB 2735 (English Learner Participation in the Standard Instructional Program) and AB 2121 (Coursework and Graduation Requirement Exemptions for Migratory Children and Newcomer Students). Both web pages have been updated to reflect the changes to the EC as a result of AB 714.

6. Does AB 714 narrow the group of students who are eligible for AB 2121 graduation credit exemptions and a fifth year of high school as it pertains to newcomer pupils?

   The language of AB 714 does not directly discuss expanding or narrowing the availability to pupils of the AB 2121 exemptions. AB 714 replaced the phrase “pupil participating in a newcomer program” with the term “newcomer pupil” and defines “newcomer pupil” as having the same meaning as “immigrant children and youth,” as defined in Section 7011(5), Title 20, United States Code. Whether fewer or more students are eligible for AB 2121 graduation requirement exemptions will depend on the procedures each LEA had in place regarding newcomer students prior to AB 714 taking effect.

7. How does AB 2473 impact which students are eligible for AB 2121 graduation credit exemptions and a fifth year of high school as it pertains to newcomer pupils?

   AB 2473 adds EC Section 51225.25 stating that a “pupil participating in a newcomer program”, as defined by EC Section 51225.2, as that section read in January 2023, a pupil who was enrolled before January 1, 2024, is entitled to the rights in EC sections 51225.1 and 51225.2.  Additionally, an LEA has the discretion to extend these same rights to any “pupil participating in a newcomer program”, as that section read on January 1, 2023.

8. Does AB 714 address curriculum and frameworks with respect to newcomer pupils?

   AB 714 adds Section 33547 to the EC, which says that, at the next regularly scheduled revision of the curriculum framework in English language arts and ELD, the Instructional Quality Commission shall consider including content designed to provide teachers with resources to meet the unique academic and ELD needs of newcomer pupils at all grade levels, and shall ensure that the instructional materials for pupils in kindergarten or any of grades 1 to 8, inclusive, that it recommends to the state board for adoption include resources for teachers to help them meet these needs.

9. Does AB 714 have any implications regarding CDE guidance?

   Under new EC Section 54450, the CDE will support the education of newcomer pupils by curating and maintaining on its internet website information regarding requirements and best practices for newcomer pupils that are supportive of these pupils’ success in school. This information shall include, but not limited, to all of the following:

   • The requirements of sections 51225.1, 51225.2, and 60811.8 for newcomer pupils
   • The requirement to provide ELD instruction for those newcomer pupils classified as English learners, and best practices for ELD instruction for newcomer pupils
   • Local discretion in grade placement of newcomer pupils
   • Local discretion to enroll pupils for more than four years of high school instruction
   • Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University
   • Resources for the evaluation of foreign transcripts
   • Resources for support of newcomer pupils with disabilities
   • Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code
   • Information about programs authorized under the California Community Schools Partnership Act (Chapter 6 [commencing with Section 8900] of Part 6 of Division 1 of Title I)

10. Does AB 714 have any implications regarding data reporting by the CDE?

    Under new EC Section 54450, the CDE will publicly report on an annual basis, on its internet website, on the enrollment of newcomer pupils, using data currently collected pursuant to federal law, including statewide, LEA, and charter school enrollment, disaggregated by country of origin.

11. Does AB 714 include a funding provision for LEAs?

    No.