BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 124
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          ASSEMBLY THIRD READING
          AB 124 (Fuentes)
          As Amended  May 27, 2011
          Majority vote 

           EDUCATION           9-1         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Brownley, Norby, Ammiano, |Ayes:|Fuentes, Blumenfield,     |
          |     |Buchanan, Butler, Carter, |     |Bradford, Charles         |
          |     |Eng, Wagner, Williams     |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Halderman                 |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Establishes a 13-member English Language Development 
          Standards Advisory Committee (ELDSAC) to update, revise, and 
          align the English language development (ELD) standards to the 
          common core state standards in English language arts (ELA).  
          Specifically,  this bill  :  

             1)   Requires the ELDSAC to consist of 13 members, to be 
               appointed as follows:

             a)   Four members appointed by the Governor;

             b)   Three members appointed by the Senate Committee on 
               Rules;

             c)   Three members appointed by the Speaker of the Assembly; 
               and,

             d)   Three members appointed by the Superintendent of Public 
               Instruction (SPI).

             2)   Requires that at least seven of the members appointed to 
               the ELDSAC be credentialed classroom teachers possessing 
               authorized certificates to instruct English learners (ELs) 
               and a minimum of three years of demonstrated experience 
               instructing ELs, and requires that at least four of the 








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               seven teachers represent elementary schools.  Specifies 
               that the remaining members of the ELDSAC shall include 
               specified representatives with EL expertise.

             3)   Specifies that the members of the ELDSAC shall serve at 
               the pleasure of the appointing authority and requires 
               meetings or hearings of the ELDSAC be open and available to 
               the public.

             4)   Stipulates that the ELDSAC shall update, revise, and 
               align the ELD standards to the common core state standards 
               in ELA by grade level, and shall be comparable to, and as 
               rigorous and specific as, the common core ELA academic 
               content standards.  

             5)   Requires, on or before August 31, 2012, the ELDSAC to 
               present its revised and aligned ELD standards to the State 
               Board of Education (SBE), and requires the SBE, on or 
               before September 30, 2012, to do either of the following: 

             a)   Adopt the ELD standards presented by the ELDSAC; or,

             b)   Reject the ELD standards presented by the ELDSAC, in 
               which case, the SBE shall transmit to the SPI, 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 ELDSAC were 
               rejected. 


          6)Requires the SPI and the SBE to present to the Governor and 
            the appropriate policy and fiscal committees of the 
            Legislature a schedule and implementation plan for integrating 
            the ELD standards adopted pursuant to this bill into the state 
            public education system, including but not limited to, 
            incorporating them into the English language development test.


          7)Specifies legislative intent to use federal funds pursuant to 
            Title III of the federal No Child Left Behind Act of 2001 to 
            support the work of the ELDSAC.

           
          FISCAL EFFECT  :  According to the Assembly Appropriations 








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          Committee:

          1)One-time General Fund (GF) administrative costs, likely 
            between $150,000 and $200,000, to the California Department of 
            Education (CDE) to provide staff support to the ELDSAC.

          2)GF/Proposition 98 cost pressure, likely in the low to tens of 
            millions, to school districts to provide instructional 
            materials and professional development on the revised ELD 
            standards.

          3)Requires the SPI and the SBE to provide the Governor and 
            Legislature with an implementation plan, including costs, to 
            integrate the revised standards into the education system.  

           COMMENTS  :  California adopted ELD standards in 1999, as a result 
          of AB 748 (Escutia), Chapter 936, Statutes of 1997.  The 
          standards, developed for the domains of listening, speaking, 
          reading and writing, represent what EL pupils must know and be 
          able to do as they move toward full fluency in the English 
          language, and these standards are the basis for the English 
          language development test (ELDT).  Current law requires the ELD 
          standards to be comparable in rigor and specificity to the ELA 
          standards adopted by the SBE.  

          On August 2, 2010, the SBE adopted the common core state 
          standards in ELA and mathematics.  School districts use both the 
          ELA standards and the ELD standards to develop proficiency of 
          ELs in the English language and in the ELA content, hence there 
          will be a need to ensure the ELD standards are aligned with the 
          recently adopted common core state standards, in order to ensure 
          consistency in the curriculum particularly as plans to implement 
          the common core state standards are developed.  This bill 
          establishes a process, similar to the one previously established 
          to adopt the common core state standards, to revise, adopt and 
          align the existing ELD standards to the common core state 
          standards, and creates a 13-member advisory committee to be 
          appointed by the Governor, the Senate Committee on Rules, the 
          Speaker of the Assembly and the SPI to recommend revised ELD 
          standards to the SBE.  

          Nearly 1.5 million of the state's 6.2 million students were 
          identified as ELs during the 2009-10 school year, representing 
          approximately 24% of the state's total public school enrollment. 








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           ELs are at a considerable disadvantage relative to their native 
          English speaking peers, as they enter school with different 
          levels of English fluency and therefore have different 
          instructional needs to achieve language and academic 
          proficiency.  The Proposition 227 Year 5 evaluation, Effects of 
          the Implementation of Proposition 227 on the Education of 
          English learners, K-12, finds that one of the key factors that 
          leads to EL success includes having systematic, carefully 
          designed plans for the provision of ELD instructional services.  
          The ELD standards are an important tool in developing and 
          delivering instructional services to ELs that differentiate 
          instruction according to proficiency levels and therefore it is 
          important that the ELD standards are updated and adequately 
          aligned to the recently adopted ELA standards.  

          Federal initiative:  The United States Department of Education 
          (USDOE) issued a notice for proposed grant priorities published 
          in the Federal Register on January 7, 2011, announcing that it 
          plans to add the development of English-proficiency tests based 
          on the common core state standards as a priority to an existing 
          competitive grant program called the Enhanced Assessment 
          Instruments Grant program.  Consortia of states may apply for a 
          grant to develop an English proficiency assessment system that 
          is aligned to ELD standards and the common core standards.  
          California will be submitting an application, as a lead state, 
          for this grant.  

          The author states, "By requiring the state to review the ELD 
          standards for their alignment to the newly adopted ELA 
          standards, this bill will save school districts time and money 
          because each district will not have to do this work 
          independently.  AB 124 requires the state to take the next step 
          in ensuring quality instruction of the state's ELL pupils."  


           Analysis Prepared by  :    Marisol Avina / ED. / (916) 319-2087 


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