BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 124| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 124 Author: Fuentes (D), et al. Amended: 7/14/11 in Senate Vote: 21 SENATE EDUCATION COMMITTEE : 8-1, 6/22/11 AYES: Lowenthal, Alquist, Blakeslee, Hancock, Liu, Price, Simitian, Vargas NOES: Huff NO VOTE RECORDED: Runner, Vacancy SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11 AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg NOES: Walters, Emmerson, Runner ASSEMBLY FLOOR : 63-13, 6/1/11 - See last page for vote SUBJECT : English language development standards SOURCE : Author DIGEST : This bill (1) requires the Superintendent of Public Instruction (SPI), in consultation with the State Board of Education (SBE), to update, revise, and align the English development standards to the SBE-approved academic content standards, and (2) requires the SPI to convene a group of experts to assist in the updating, revising and aligning. ANALYSIS : Existing law establishes the Academic Content CONTINUED AB 124 Page 2 Standards Commission which was required to develop common core academic content standards in language and mathematics, as specified. Pursuant to these provisions, the standards were presented to the SBE which adopted the proposed common core academic content standards in English language arts and mathematics on August 2, 2010. Existing law requires the SBE to approve English Language Development (ELD) standards for students whose primary language is other than English. Existing law also requires that these standards be comparable in rigor and specificity to the standards adopted for English language arts. Existing law also requires the development or acquisition of a test or series of tests for assessing the English language development of students whose primary language is other than English. The resulting assessment, the California English Language Development Test (CELDT) serves three purposes: (1) identifies pupils as limited English proficient, (2) determines the level of English language proficiency of these students, and (3) annually assesses the progress of these students in acquiring the skills of listening, speaking, reading, and writing in English. Among other things, existing law requires that the test be aligned with the ELD standards and be age and developmentally appropriate for students. This bill: 1. Requires the advisory committee to update, revise, and align the ELD standards to the English Language Arts (ELA) adopted standards and that they be aligned by grade level and be comparable to and as rigorous as the academic content standards for ELA. 2. Requires the SPI, in consultation with the SBE, to 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. 3. Requires the SPI to ensure that members of the group include, but not be limited to, individuals who are CONTINUED AB 124 Page 3 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. 4. Requires the SPI, on or before August 31, 2012, to present the updated, revised, and aligned ELD standards, based on the work of the group of experts, to the SBE. 5. Prior to the presentation to the SBE, requires the SPI to hold a minimum of two public meetings, in order for the public to provide input regarding the work of the group of experts to update, revise, and align the ELD standards. 6. Requires, on or before September 30, 2012, the SBE to adopt, reject, or revise the ELD standards presented by the SPI. 7. Requires the SBE, if it revises the ELD standards, in a public meeting, to provide written reasons for its revisions. Provides that the SBE shall not adopt the revised ELD standards at the same meeting it provides it written reasons, but, instead, shall adopt these revisions at a subsequent meeting or no later than November 15, 2012. 8. Requires the SBE, if it rejects the ELD standards, to 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 were rejected. 9. Declares the Legislature's intent that the California Department of Education (CDE) consider the work of the group of experts when developing any new English language acquisition assessments and carry over funds received by Title I of the federal No Child Left Behind Act of 2001. 10.Makes other technical and conforming changes. CONTINUED AB 124 Page 4 Comments Need for the bill . The SBE recently adopted the common core standards in English language arts and mathematics. Although the common core state standards introductory documents acknowledge the importance of addressing the instructional needs of English learners, the SBE adopted common core standards make no specific provision for this purpose. According to the author's office, because the ELD standards are a critical tool used in instructing English language learners (ELL) pupils, the next logical step is for the state to review the existing ELD standards for compatibility with the newly adopted ELA academic content standards. This bill establishes a process and structures an advisory committee similar to the one established for purposes of adopting the common core standards to revise, adopt and align the existing ELD standards to the common core standards. English language learners . English learners constitute approximately 24 percent of the total enrollment in California public schools. A majority of ELLs (68 percent) are enrolled in the elementary grades, kindergarten through grade six, with 31 percent enrolled in the secondary grades, seven through 12. During 2009-2010, the CDE administered the CELDT, for purposes of initial or annual language proficiency assessment, to 1.6 million students. Current ELD standards . AB 748 (Escutia), Chapter 936, Statutes of 1997, required that the test or tests assessing the progress of English learners toward achieving fluency in English be aligned with state standards for English-language development. The current ELD standards, approved by the SBE in 1999, were developed by a committee composed of 15 practitioners and experts in ELD and assessment and are designed to assist teachers in moving English learners to fluency in English and proficiency in the ELA content standards. The current ELD standards were also the basis for the development of the CELDT. In 2006, test developers conducted a study for the CDE evaluating linkage and alignment of the ELD standards and assessments. Among other things, it found that ELD CONTINUED AB 124 Page 5 standards were generally of lower complexity than content standards, development of CELDT test items that reflect more academic language functions and higher levels of complexity would improve overall alignment of the system, and increased emphasis on academic language functions was necessary to bring ELD standards and CELDT into better compliance with federal requirements. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund ELD standards $150 $50 Federal* * Federal Title I carryover funds SUPPORT : (Verified 8/30/11) American Federation of State, County and Municipal Employees, AFL-CIO Association of California School Administrators California Association for Bilingual Education California Association of Latino Superintendents and Administrators California Federation of Teachers California Immigrant Policy Center California Language Teachers Association California Teachers Association California Teachers of English to Speakers of Other Languages Californians Together Los Angeles County Office of Education Riverside County School Superintendents' Association State Superintendent of Public Instruction Tom Torlakson ARGUMENTS IN SUPPORT : According to the California Language Teachers Association, "English Language Learners are a group of students that continues to perform below CONTINUED AB 124 Page 6 expected levels and at the same time is increasing in numbers at all levels of our school system. The Advisory Committee will assist in identifying and disseminating successful models of instruction to address the unique needs of these students in a beneficial manner." ASSEMBLY FLOOR : 63-13, 6/1/11 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jones, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Nestande, Olsen, Pan, Perea, Portantino, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Donnelly, Beth Gaines, Grove, Hagman, Halderman, Knight, Logue, Mansoor, Miller, Morrell, Nielsen, Norby, Silva NO VOTE RECORDED: Garrick, Gorell, Jeffries, V. Manuel Pérez CPM:mw 8/30/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED