BILL NUMBER: AB 1767	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012
	AMENDED IN ASSEMBLY  MARCH 19, 2012

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 amended, 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  in any of grades 3 to
11, inclusive,  be  redesignated as English proficient
  eligible to be reclassified as fluent English
proficient  if the pupil attains the proficient level of
performance on the English language arts STAR test  , a score of
intermediate or above on all portions of the California English
Language Development Test,  and a 3.0 grade point average at the
end of  any   the  school 
semester, and would   year, and, upon attainment of
these requirements, would require the pupil to be reclassified as
fluent English proficient upon verified approval submitted by the
pupil's parent or legal   guardian. To the extent this bill
would require local educational agencies to perform additional duties
regarding the reclassification of English learners, the bill would
impose a state-mandated local program  .
    The bill would  authorize  the   a
 school district to continue to receive state funding designated
for its English learners for up to 2 years after the pupil has been
 redesignated   reclassified  as 
English proficient.   fluent English proficient, and
would state the intent of the Legislature that the school district
use the funding for the purpose of monitoring pupils who have been
reclassified as fluent English proficient for up to 2 years. 
The bill also would correct some cross-references. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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
  reclassified  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.
   (1)  (A)    A pupil  in any of grades 3 to
11, inclusive,  shall be  redesignated as English
proficient   eligible to be reclassified as fluent
English proficient  if the pupil attains  both 
 all  of the following: 
   (A) 
    (i)  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.

   (ii) The score of intermediate or above on all portions of the
California English Language Development Test.  
   (B) 
    (iii)  A 3.0 grade point average at the end of 
any   the  school  semester  
year  . 
   (B) Upon attaining the requirements of subparagraph (A), a pupil
shall be reclassified as fluent English proficient upon verified
approval submitted by the pupil's parent or legal guardian. 
   (2)  (A)    A school district may continue to
receive state funding designated for its English learners for up to
two years after the pupil has been reclassified as  English
proficient   fluent English proficient  . 
   (B) It is the intent of the Legislature that the school district
use the funding pursuant to this paragraph for the purpose of
monitoring pupils who have been reclassified as fluent English
proficient for up to two years. 
   (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
  reclassified  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 (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 (2), the initial
assessment of the pupil shall be conducted as part of the annual
assessment conducted pursuant to paragraph (2).
   (4) Notwithstanding paragraph (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.
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.