BILL NUMBER: AB 1767	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 17, 2012

   An act to amend Section 313 of the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1767, as introduced, Norby. Pupils: English learners:
reclassification.
   Existing law requires each school district that has one or more
pupils who are English learners, and to the extent required by
federal law, a county office of education and a charter school, to
assess the English language development of each of those pupils in
order to determine their level of proficiency. Existing law requires
annual assessments to continue until a pupil is redesignated as
English proficient and requires the assessment to utilize primarily
the English language development test identified or developed by the
Superintendent of Public Instruction pursuant to specified
provisions.
   The Leroy Greene California Assessment of Academic Achievement Act
requires school districts, charter schools, and county offices of
education to administer to each of their pupils in grades 2 to 11,
inclusive, certain achievement tests, including the standards-based
achievement tests that are part of the Standardized Testing and
Reporting (STAR) Program.
   This bill would require that a pupil be redesignated as English
proficient if the pupil attains the proficient level of performance
on the English language arts STAR test. The bill would also correct
some cross-references.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 313 of the Education Code is amended to read:
   313.  (a) Each school district that has one or more pupils who are
English learners and, to the extent required by federal law, each
county office of education and each charter school shall assess the
English language development of each pupil in order to determine the
level of proficiency for purposes of this chapter.
   (b) The department, with the approval of the state board, shall
establish procedures for conducting the assessment required pursuant
to subdivision (a) and for the reclassification of a pupil from
English learner to English proficient.
   (c) Commencing with the 2000-01 school year until subdivision (d)
is implemented, the assessment shall be conducted upon initial
enrollment, and annually, thereafter, during a period of time
determined by the Superintendent and the state board. The annual
assessments shall continue until the pupil is redesignated as English
proficient. The assessment shall primarily utilize the English
language development test identified or developed by the
Superintendent pursuant to Chapter 7 (commencing with Section 60810)
of Part 33 of Division 4 of Title 2.  A pupil shall be
redesignated as English proficient if the pupil attains  the
proficient level of performance on the English language arts test
administered pursuant to Article 4 (commencing with Section 60640) of
Chapter 5 of Part 33 of Division 4 of Title 2   . 
   (d) (1) This subdivision shall not be implemented unless and until
the department receives written documentation from the United States
Department of Education that federal law permits the implementation
of the changes set forth in this subdivision or until the 2013-14
school year, whichever occurs later.
   (2) The assessment shall be conducted annually during a period
that commences on the day upon which 55 percent of the instructional
year is completed through July 1 of that calendar year. Annual
assessments shall continue until the pupil is redesignated as English
proficient. The annual assessment shall primarily utilize the
English language development test identified or developed by the
Superintendent pursuant to Chapter 7 (commencing with Section 60810)
of Part 33 of Division 4 of Title 2.
   (3) The assessment shall be conducted upon the initial enrollment
of a pupil in order to provide information to be used to determine if
the pupil is an English learner.
   (A) If the initial enrollment of a pupil occurs on a date outside
of the testing period identified pursuant to paragraph  (1)
  (2)  , the prior year's annual assessment for the
grade in which the pupil is enrolling shall be used for this
purpose.
   (B) If the initial enrollment of a pupil occurs on a date within
the testing period identified pursuant to paragraph  (1)
  (2)  , the initial assessment of the pupil shall
be conducted as part of the annual assessment conducted pursuant to
paragraph  (1)   (2)  .
   (4) Notwithstanding paragraph  (1)   (2)
 , a school district shall assess the English language
development of a pupil pursuant to this section no more than one time
per school year.
   (e) The assessments conducted pursuant to subdivision (d) shall be
conducted in a manner consistent with federal statutes and
regulations.
   (f) The reclassification procedures developed by the department
shall utilize multiple criteria in determining whether to reclassify
a pupil as proficient in English, including, but not limited to, all
of the following:
   (1) Assessment of language proficiency using an objective
assessment instrument, including, but not limited to, the English
language development test that is developed or acquired pursuant to
Section 60810.
   (2) Teacher evaluation, including, but not limited to, a review of
the pupil's curriculum mastery.
   (3) Parental opinion and consultation.
   (4) Comparison of the performance of the pupil in basic skills
against an empirically established range of performance in basic
skills based upon the performance of English proficient pupils of the
same age, that demonstrates whether the pupil is sufficiently
proficient in English to participate effectively in a curriculum
designed for pupils of the same age whose native language is English.

   (g) This section does not preclude a school district or county
office of education from testing English learners more than once in a
school year if the school district or county office of education
chooses to do so.