BILL NUMBER: SB 368 CHAPTERED
BILL TEXT
CHAPTER 632
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE SENATE AUGUST 29, 2006
PASSED THE ASSEMBLY AUGUST 23, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY JUNE 29, 2006
AMENDED IN ASSEMBLY JUNE 8, 2006
AMENDED IN SENATE MAY 4, 2005
AMENDED IN SENATE APRIL 12, 2005
INTRODUCED BY Senator Escutia
(Coauthors: Senators Alarcon, Cedillo, Ducheny, Figueroa, and
Romero)
(Coauthors: Assembly Members Baca, Calderon, Chan, Chavez, Coto,
De La Torre, Dymally, and Nunez)
FEBRUARY 17, 2005
An act to add Sections 315.5, 316.5, and 317 to the Education
Code, relating to English language education.
LEGISLATIVE COUNSEL'S DIGEST
SB 368, Escutia English language tutoring.
Proposition 227, an initiative statute approved by the voters at
the June 2, 1998, statewide primary election, requires the state to
encourage family members and others to provide personal English
language tutoring to children coming from backgrounds of limited
English proficiency.
This bill would require each school district, as a condition for
receiving funding under the bill for the 2007-08 fiscal year, to
develop a plan, to be approved by the school district governing
board, certifying that the agency will accomplish certain objectives
relating to providing personal English language tutoring to children
from backgrounds of limited English proficiency.
The bill would require a school district, as a condition for
receiving funding under the bill for any fiscal year, to collect
certain data for use in revising and updating the plan.
The bill would require the governing board of the school district,
as a condition for receiving funding under the bill for the 2008-09
fiscal year and each fiscal year thereafter, to review, revise as
necessary, and approve the plan. The bill would require the plan to
be reviewed, and revised as necessary, not less than once every three
years. The bill would require the governing board to consider,
during its review, the specified data collected by the school
district.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 315.5 is added to the Education Code, to read:
315.5. (a) In furtherance of its constitutional and legal
requirement to offer special language assistance to children coming
from backgrounds of limited English proficiency, the state shall
encourage family members and others to provide personal English
language tutoring to those children, and support these efforts by
raising the general level of English language knowledge in the
community.
(b) Programs funded under this section shall be provided through
schools or community organizations.
(c) Funding for programs authorized under this section shall be
provided pursuant to an appropriation in the annual Budget Act. Funds
shall be apportioned to the Superintendent for disbursement to
school districts for the purpose of providing funding under this
section for free or subsidized programs of adult English language
instruction to parents or other members of the community who pledge
to provide personal English language tutoring to improve the English
language proficiency of California school children with limited
English proficiency.
SEC. 2. Section 316.5 is added to the Education Code, to read:
316.5. (a) The Legislature finds and declares all of the
following:
(1) The more a parent or guardian is involved in the education of
his or her child the better the child will perform in school.
(2) English language proficiency is critical to academic success.
(b) As a condition for receiving funding under Section 315.5 for
the 2007-08 fiscal year, each school district shall develop a plan,
to be approved by the governing board of the school district,
certifying that it will do all of the following:
(1) Emphasize English language acquisition and tutoring skills for
parents whose primary language is not English.
(2) Whenever possible, operate Community-Based English Tutoring
(CBET) Programs at neighborhood schoolsites in order to provide full
articulation between CBET Programs and instructional programs for
school-aged English language learners.
(3) Describe in its plan how the program will encourage the
following:
(A) Opportunities for parent-child tutoring activities.
(B) Opportunities for the parent to become involved at the school
that his or her child attends.
(4) Describe how the program will document the following:
(A) Literacy training for adults that leads to English fluency and
the ability to provide educational support for children.
(B) Development of tutoring skills.
(5) Describe the projected goals of the program with respect to
participant educational achievement and the manner in which the
agency will measure and report progress in meeting its goals.
(6) Describe the manner in which the program will leverage
available funding from federal, state, and local sources in the area
proposed to be served by the agency.
(7) Include a program to recruit parents of K-12 English language
learners, especially parents of pupils enrolled in K-12 schools that
are eligible to participate in the High Priority Schools Grant
Program established under Article 3.5 (commencing with Section
52055.600) of Chapter 6.1 of Part 28.
(8) The plan shall demonstrate that the CBET Program meets the
following objectives in order to ensure that adult students in the
CBET Program provide the best possible tutoring to K-12 English
language learners:
(A) The adult students participating in the CBET Program shall
make measurable English language learning progress.
(B) The CBET Program shall be administered in accordance with
research-based strategies for teaching English language learners.
(C) The data collected under Section 317 shall be used by CBET
administrators and staff to inform curriculum, instruction,
assessment, research, and in-service staff development.
(c) As a condition for receiving funding under Section 315.5 for
the 2008-09 fiscal year and for each fiscal year thereafter, the
governing board of the school district shall review, revise as
necessary, and approve the plan. The plan shall be reviewed, and
revised as necessary, not less than once every three years. During
its review, the governing board shall consider the data collected
under Section 317.
(d) For the purposes of this section, the term "parent" includes a
parent, legal guardian, primary caregiver, or an individual in loco
parentis.
SEC. 3. Section 317 is added to the Education Code, to read:
317. (a) As a condition for receiving funds under Section 315.5
in any fiscal year, a school district shall collect the following
data for use in updating its plans and to make available to the state
as requested:
(1) Improvement in adult English-as-a-second-language literacy
skill levels in reading, writing, and speaking the English language,
numeracy, problem solving, and other literacy skills.
(2) Improvements in the attendance of pupils with
limited-English-language proficiency who have received tutoring from
adults who have been identified as participants in programs
established pursuant to Sections 315, 315.5, 316, and 316.5.
(b) A school district that receives funding under Section 315.5
shall provide a pretest and a posttest of reading achievement for
adult English-as-a-second-language pupils.
(c) The district shall review individual K-12 pupil data from the
English language development test administered under Section 60810
and the Standardized Testing and Reporting (STAR) Program set forth
in Article 4 (commencing with Section 60640) of Chapter 5 of Part 33,
in order to determine whether there have been achievement progress
made by K-12 pupils who were tutored by Community-Based English
Tutoring (CBET) Program students.