BILL ANALYSIS Ó AB 124 Page 1 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 AB 124 Page 2 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 AB 124 Page 3 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. AB 124 Page 4 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 FN: 0000938