BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 815|
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                                 THIRD READING


          Bill No:  AB 815
          Author:   Brownley (D)
          Amended:  8/30/11 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 6/29/11
          AYES:  Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu, 
            Price, Simitian
          NO VOTE RECORDED:  Runner, Vargas, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 8/25/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner

           ASSEMBLY FLOOR  :  52-26, 6/2/11 - See last page for vote


           SUBJECT  :    Instructional programs:  State Seal of 
          Biliteracy

           SOURCE  :     Author


           DIGEST  :    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.

           ANALYSIS  :    Existing law establishes requirements for the 
          issuance of diplomas and certificates to students who 
          complete a prescribed course of study. 
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          Existing 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 earns a Golden State Seal Merit Diploma. 
           
           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.

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             C.    Demonstrates proficiency in one or more languages 
                other than English by:

                (1)      Passing a foreign language Advanced 
                   Placement exam with a score of 3.0 or higher or 
                   an International Baccalaureate exam with a score 
                   of four or higher.

                (2)      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.

                (3)      If no Advanced Placement examination or 
                   off-the-shelf language test exists and the 
                   school district can certify to the 
                   Superintendent that the test meets the rigor of 
                   a four-year high school course of study in that 
                   foreign language examination that, at a minimum, 
                   assesses speaking, reading, and writing in a 
                   language other than English at the proficient 
                   level or higher.  If a school district offers a 
                   language examination in a language in which an 
                   Advanced Placement examination or off-the-shelf 
                   language test exists, the school district 
                   language examination seal be approved by the 
                   Superintendent for the purpose of determining 
                   proficiency in a language other than English.

                (4)      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 above.

             B.    Attain "early advanced proficiency" level on the 
                California English language development test and 
                authorizes a participating school district to 
                administer the English language development test an 
                additional time as necessary for this purpose.

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          6. For languages in which an Advanced Placement test is not 
             available, the SPI may provide a listing of equivalent 
             summative tests that school districts may use in place 
             of an Advanced Placement test.  Allows a school district 
             to provide the SPI with a list of equivalent summative 
             tests that is uses in place of an Advanced Placement 
             test, and allows the SPI to use lists received from 
             school districts in developing his or her list of 
             equivalent summative lists.

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

          8. Requires the California Department of Education, under 
             the direction of the SPI, to:

             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.

          9. 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.  

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

          11.Allows the SPI to use money appropriated for purposes of 
             the Golden State Seal Merit Diploma program to develop 
             an Internet Web site for electronic delivery of the 
             seals for both the Golden State Seal Merit Diploma and 
             the State Seal of Biliteracy.  Allows the SPI to use 
             these funds on a one-time basis to develop an Internet 
             Web site to make electronically available to school 

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             districts the seals for the Golden State Seal Merit 
             Diploma and State Seal of Biliteracy programs.
           
          Comments  
           
          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 
          demonstrated by satisfying any one of five 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 english language development test.

           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. 

          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.
           
           Prior/Similar Legislation

           AB 280 (Coto), 2007-08 Session, was substantively similar 
          to this bill.  Passed the Senate with a vote of 26-11 on 
          September 10, 2007.  This bill was 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.

           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  

          State Seal of Biliteracy      $43-63    $42       $42   
          General
            program                                           
          Special*
                              Likely minor local costs, if elect      
             Local/Gen**
                              to participate

          *Golden State Merit Diploma program
          **Counts toward meeting the Proposition 98 minimum funding 
          guarantee

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           SUPPORT  :   (Verified  8/30/11)

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

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          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.  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 will create 
          a uniform seal design and a uniform statewide set of 
          criteria for awarding the seal.


           ASSEMBLY FLOOR  :  52-26, 6/2/11
          AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, 

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            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, 
            Furutani, Galgiani, Gatto, Gordon, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Monning, Norby, Pan, 
            Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, 
            Swanson, Torres, Wieckowski, Williams, Yamada, John A. 
            Pérez
          NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman, 
            Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, 
            Morrell, Nestande, Nielsen, Olsen, Silva, Smyth, Valadao, 
            Wagner
          NO VOTE RECORDED: Gorell, Hall


          CPM:do  8/30/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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