BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       AB 815
          AUTHOR:        Brownley
          AMENDED:       May 27, 2011
          FISCAL COMM:   Yes            HEARING DATE:  June 29, 2011
          URGENCY:       No             CONSULTANT:    Kathleen 
          Chavira

           SUBJECT  :  State Seal of Biliteracy.
          
          SUMMARY  

          This bill establishes the State Seal of Biliteracy to be 
          voluntarily affixed to the diploma or transcript of a high 
          school graduate who has attained functional proficiency in 
          speaking, reading, and writing skills in one or more 
          languages, in addition to English.

           BACKGROUND  

          Current law establishes requirements for the issuance of 
          diplomas and certificates to students who complete a 
          prescribed course of study. 
          (Education Code § 51400-51442)

          Current law also provides for the Golden State Seal Merit 
          Diploma to recognize students who have mastered specific 
          courses in the high school curriculum. This voluntary 
          program recognizes public school graduates who have 
          demonstrated mastery of the high school curriculum in six 
          designated subject areas, four of which must be 
          mathematics, English language arts, science, and United 
          States history. Qualifying students must be receiving a 
          high school diploma and have earned designated results on 
          the California Standards Test in six qualifying subject 
          areas (previous Golden State Exam results may also be 
          used). Each school district that confers high school 
          diplomas is responsible for maintaining appropriate records 
          in order to identify eligible students and for affixing a 
          Golden State Seal Merit Diploma insignia to the diploma and 
          transcript of each qualifying student. Foreign language can 
          be one of the designated subject areas for which a student 




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          earns a Golden State Seal Merit Diploma. 
          (Education Code § 51450-51455).

           ANALYSIS
           
           This bill  :

          1)   Establishes the State Seal of Biliteracy, to be 
               awarded by the Superintendent of Public Instruction 
               (SPI), to recognize high school graduates who have 
               attained functional proficiency in speaking, reading, 
               and writing skills in one or more languages, in 
               addition to English.  

          2)   Provides that school district participation in this 
               program is voluntary.

          3)   Specifies the purposes of the State Seal of 
               Biliteracy.

          4)   Specifies that awarding a graduating high school 
               student the State Seal of Biliteracy certifies that 
               the student has met the following requirements:

                    a)             Completed all English language 
                    arts requirements for graduation with an overall 
                    grade point average of 2.0 or above in those 
                    classes.

                    b)             Passed the California Standards 
                    Test in English language arts administered in 
                    grade 11 at the "proficient" level or above.

                    c)             Demonstrates proficiency in one or 
                    more languages other than English by:

                           i)                  Passing a foreign 
                         language Advanced Placement (AP) exam with a 
                         score of 3 or higher or an International 
                         Baccalaureate exam with a score of 4 or 
                         higher (and requires the SPI to provide a 
                         listing of equivalent summative tests that 
                         schools may use in place of an AP test for 
                         languages for which an AP test is not 
                         available).





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                           ii)     Successfully completed a four year 
                         high school course of study in a foreign 
                         language and attained an overall grade point 
                         average of 3.0 or higher in that course of 
                         study.

                           iii)    Passed a district language exam 
                         that, at a minimum, assesses speaking, 
                         reading, and writing in a language other 
                         than English at the "proficient" level or 
                         higher.

                           iv)     Passed a foreign government's 
                         approved language exam and received a 
                         receipt of a certificate of competency from 
                         the authorizing government agency.

                           v)                  Passed the SAT II 
                         foreign language exam with a score of 600 or 
                         higher.


          5)   Provides that a student in grades 9-12 whose primary 
               language is other than English, to qualify for the 
               State Seal of Biliteracy, must:

               a)        Meet all the requirements outlined in #4.




               b)        Attain "early advanced proficiency" level on 
               the California English 
                    Language Development Test (CELDT) and authorizes 
               a 
                    participating school district to administer the 
               CELDT an additional 
                    time as necessary for this purpose.

          6)   Provides that, for purposes of the State Seal of 
               Bilteracy, "foreign language" means a language other 
               than English and includes American Sign Language.

          7)   Requires the California Department of Education (CDE), 
               under the direction of the SPI, to;





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                    a)             Prepare and deliver to school 
                    districts an appropriate insignia to be affixed 
                    to the diploma or transcript of the student 
                    indicating that the student has been awarded a 
                    State Seal of Biliteracy.  

                    b)             Provide other necessary 
                    information for school district's to successfully 
                    participate in the program.

          8)   Requires each school district that participates in 
               this program to maintain appropriate records in order 
               to identify students and to affix the appropriate 
               insignia to the diploma or transcript of each student 
               who earns a State Seal of Biliteracy.  

          9)   Declares legislative intent that no fee be charged to 
               students pursuant to the bill's provisions. 

           STAFF COMMENTS  

          1)   Need for the bill  .  According to the author, the 
               purpose of the state Seal Of Biliteracy is to 
               encourage students to study language, to certify 
               mastery of two or more languages, to provide employers 
               with a method of identifying prospective employees 
               with language and biliteracy skills, to provide 
               universities with a method of recognizing and giving 
               academic credit to applicants seeking admission, and 
               to promote foreign language instruction in public 
               schools. According to the author, the Seal of 
               Biliteracy program is currently being implemented by 
               34 school districts, each with a different seal design 
               and different requirements for awarding the seal. This 
               bill would create a uniform seal design and a uniform 
               statewide set of criteria for awarding the seal.

           2)   Biliteracy  . In order to be recognized as biliterate, 
               this bill requires a student to demonstrate a high 
               level of proficiency in English and in one or more 
               other languages (including American Sign Language). 
               English mastery must be demonstrated by having 
               achieved an overall GPA of 2.0 in all English language 
               art requirements and by passing the California 
               Standards tests for grade 11 at the proficient level 
               or above. Proficiency in a foreign language may be 




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               demonstrated by satisfying any one of 5 possible 
               measures, including completion of a four year high 
               school course of study in a foreign language with an 
               overall GPA of 3.0. Students whose primary language is 
               other than English must demonstrate an additional 
               level of English mastery by attaining the "early 
               advanced proficiency" level on the CELDT.

           3)   Insuring uniform criteria  . The stated purpose of this 
               bill is to create uniform statewide criteria for 
               awarding the seal of Biliteracy. This bill authorizes 
               passage of a foreign government's language exam as one 
               measure of language proficiency.  Should the State of 
               California defer determination of language fluency to 
               exams that it does not control and that are not 
               designed, used, or validated by any other state entity 
               in California to determine language proficiency? Staff 
               recommends the bill be amended to delete passage of a 
               foreign government's test as a measure of foreign 
               language proficiency. 

               This bill also recognizes passage of a district 
               language examination as a measure of language 
               proficiency.  According to the sponsors, some 
               districts have developed assessments in languages such 
               as Vietnamese, Tagalog, Arabic, Armenian and Russian 
               because "off the shelf" and language tests do not 
               exist for some of these languages.   In addition, 
               students who take an AP language test late in their 
               senior year do not receive results in time to have the 
               seal affixed to their diploma.  Staff further 
               recommends that the bill be amended to clarify that a 
               district administered test may only be used if no 
               Advanced Placement or "off the shelf" language test 
               exists and the district can certify that the test 
               meets the rigor of a four year high school course of 
               study in that foreign language.  If a district 
               language examination for which an AP or off-the shelf 
               test exists, the test must be approved for this 
               purpose by the SPI. 
                
            4)   Prior legislation  .  AB 280 (Coto, 2007) was 
               substantively similar to this bill. AB 280 was passed 
               by the Legislature, but ultimately vetoed by the 
               Governor whose veto message read, in pertinent part:





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                    While I support the attainment of literacy in 
                    foreign languages, I am concerned that this bill 
                    could create a precedent for providing special 
                    recognition for one specific subject area.  
                    Students taking four years of math or science, 
                    for example, would not receive special 
                    recognition, therefore creating a bias of value 
                    toward foreign language above other core 
                    curricula areas.  Students should be encouraged 
                    to strive for, and value high achievement in all 
                    of their academic pursuits.
               
               Other similar bills include  AB 1196 (Coto), which was 
               heard and passed out of this Committee in January 2006 
               on a 7-4 vote.  AB 1196 was subsequently amended to 
               address a different subject matter and its contents 
               amended into AB 2445 (Salinas).  AB 2445 (Salinas) was 
               passed by the Legislature in 2006, but ultimately 
               vetoed by the Governor who cited concerns that, 
               without uniform, consistent standards, employers and 
               college admission counselors in search of qualified 
               candidates would not be able to rely on the State Seal 
               as a valid indicator of bilingual proficiency.


           SUPPORT  

          Administrator in Charge, Oxnard Union High School District
          Advancement Project
          Asian Pacific American Legal Center
          California Association for Bilingual Education
          California Association for the Gifted
          California Federation of Teachers
          California Language Teachers Association
          California School Boards Association
          California Teachers of English to Speakers of Other 
          Languages
          Californians Together
          Families in Schools
          Los Angeles Area Chamber of Commerce
          Los Angeles Unified School District Staff
          Public Advocates
          San Diego Unified School District
          State Superintendent of Public Instruction, Tom Torlakson
          Superintendent, El Monte Union High School District
          Superintendent, Salinas Union High School District




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          Superintendent, Santa Cruz City Schools
          Superintendent, Whittier Union High School District
          United Teachers Los Angeles
          Letters from individuals

          OPPOSITION

           None received.