BILL NUMBER: AB 124 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2011
PASSED THE ASSEMBLY SEPTEMBER 6, 2011
AMENDED IN SENATE JULY 14, 2011
AMENDED IN SENATE JUNE 29, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011
INTRODUCED BY Assembly Member Fuentes
(Coauthors: Assembly Members Brownley and Solorio)
JANUARY 10, 2011
An act to amend Section 60811 of, and to add and repeal Section
60811.3 of, the Education Code, relating to academic content
standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 124, Fuentes. Academic content standards: English language
development standards.
Existing law requires each school district that has one or more
pupils who are English learners to assess the English language
development of each of those pupils upon initial enrollment in order
to determine the level of proficiency of those pupils, and thereafter
to assess each of those pupils annually until the pupil is
redesignated as English proficient.
Existing law requires the State Board of Education to approve
standards for English language development for pupils whose primary
language is a language other than English. Existing law further
requires that these standards be comparable in rigor and specificity
to the statewide academically rigorous content standards for English
language arts.
This bill would make a clarifying change to the provisions
relating to the standards for English language development.
This bill would require the Superintendent of Public Instruction,
in consultation with the state board, to update, revise, and align
the English language development standards adopted pursuant to
existing law to the state board-approved academic content standards
for English language arts. The bill would require the Superintendent
to convene a group of experts in English language instruction,
curriculum, and assessment to assist the Superintendent in updating,
revising, and aligning the English language development standards.
The bill would also require the Superintendent to present the
updated, revised, and aligned English language development standards
to the state board on or before August 31, 2012. The bill would
further require the state board to adopt, reject, or revise the
standards presented by the Superintendent on or before September 30,
2012.
The bill would require the Superintendent and the state board to
present to the Governor and the appropriate policy and fiscal
committees of the Legislature a schedule and implementation plan for
integrating the English language development standards adopted
pursuant to this bill into the state public education system. The
bill would also express the intent of the Legislature that the State
Department of Education consider the work of the group of experts
when developing any new English language acquisition assessments. The
bill would require the department to use certain federal funds to
implement these provisions of the bill. The bill would repeal these
provisions on July 1, 2013.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60811 of the Education Code is amended to read:
60811. The state board shall approve standards for English
language development for pupils whose primary language is a language
other than English. The standards shall be comparable in rigor and
specificity to the standards for English language arts adopted
pursuant to Section 60605.8.
SEC. 2. Section 60811.3 is added to the Education Code, to read:
60811.3. (a) The Superintendent, in consultation with the state
board, shall update, revise, and align the English language
development standards adopted pursuant to Section 60811 to the state
board-approved academic content standards for English language arts
adopted pursuant to Section 60605.8. The English language development
standards shall be aligned by grade level, and shall be comparable
to, and as rigorous and specific as, the academic content standards
for English language arts adopted by the state board pursuant to
Section 60605.8.
(b) In meeting the requirements of subdivision (a), the
Superintendent, in consultation with the state board, shall convene a
group of experts in English language instruction, curriculum, and
assessment, including individuals who have a minimum of three years
of demonstrated experience instructing English learners in the
classroom at the elementary or secondary level. The Superintendent
shall ensure that members of the group include, but are not limited
to, individuals who are schoolsite principals, school district or
county office of education administrators overseeing programs and
support for English learners, personnel of teacher training schools
at institutions of higher education, or curriculum and instructional
specialists with English learner experience.
(c) On or before August 31, 2012, the Superintendent shall present
the updated, revised, and aligned English language development
standards, based on the work of the group of experts convened
pursuant to subdivision (b), to the state board. Before the
presentation to the state board, the Superintendent shall hold a
minimum of two public meetings pursuant to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code) in order
for the public to provide input regarding the work of the group of
experts to update, revise, and align the English language development
standards.
(d) On or before September 30, 2012, the state board shall adopt,
reject, or revise the English language development standards
presented by the Superintendent.
(1) If the state board revises the English language development
standards presented by the Superintendent, the state board shall, in
a public meeting held pursuant to the Bagley-Keene Open Meeting Act
(Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code), provide written
reasons for its revisions. The state board shall not adopt the
revised English language development standards at the same meeting it
provides its written reasons, but, instead, shall adopt these
revisions at a subsequent meeting or no later than November 15, 2012.
(2) If the state board rejects the English language development
standards presented by the Superintendent pursuant to subdivision
(c), the state board shall transmit to the Superintendent, the
Governor, and the appropriate policy and fiscal committees of the
Legislature a specific written explanation of the reasons why the
standards presented by the Superintendent were rejected.
(e) The Superintendent and the state board shall present to the
Governor and the appropriate policy and fiscal committees of the
Legislature a schedule and implementation plan for integrating the
English language development standards adopted pursuant to this
section into the state public education system, including, but not
limited to, incorporating the standards into the English language
development test.
(f) It is the intent of the Legislature that the department
consider the work of the group of experts convened pursuant to
subdivision (b) when developing any new English language acquisition
assessments.
(g) The department shall use federal carryover funds received
pursuant to Title I of the federal No Child Left Behind Act of 2001
(20 U.S.C. Sec. 6301 et seq.) to implement this section.
(h) This section shall remain in effect only until July 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2013, deletes or extends that date.