BILL NUMBER: AB 2193	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2012
	AMENDED IN ASSEMBLY  MARCH 20, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 23, 2012

   An act to amend Section 52059 of, and to add Sections 313.1,
313.2, and 313.3 to, the Education Code, relating to English
learners.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2193, as amended, Lara. Long-term English learners.
   (1) Existing law requires the State Department of Education to
establish a statewide system of school support for school districts,
county offices of education, and schools in need of improvement and
requires the system to consist of regional consortia, school district
assistance and intervention teams, and other technical assistance
providers. Existing law requires this system to provide assistance on
the design and operation of the instructional program. Existing law
requires standards and criteria developed by the Superintendent of
Public Instruction for use in providing assistance to include the
alignment of curriculum, instruction, and assessments to state
standards.
   This bill would require the assistance provided on the design and
operation of the instructional program to target pupils not meeting
the federal academic targets, including English learners, long-term
English learners, and those at risk of becoming long-term English
learners. The bill would require that the alignment of curriculum,
instruction, and assessments to state standards to target pupils not
meeting the federal academic targets, including English learners,
long-term English learners, and those at risk of becoming long-term
English learners.
   The bill would define "long-term English learner" and "English
learner at-risk of becoming a long-term English learner."
   (2) Existing federal law requires local educational agencies to
inform the parents of limited-English-proficient pupils of certain
information regarding the language instruction of their children.
   This bill would add to the information required by the federal law
by requiring a school district, charter school, and county office of
education to notify a parent or guardian of an English learner of
whether their child is, or is at-risk of becoming, a long-term
English learner  and  . The bill w  
ould require that the notice include, if the child is, or is at risk
of becoming, a long-term English learner,  the manner in which
the program  for   of instruction, including,
but not limited to,  English language development instruction
 ,  will meet the educational strengths and needs of pupils
who are, or are at risk of becoming, long-term English learners and
will help  those  pupils  who are, or are at risk of
becoming, long-term English learners  develop English
proficiency and meet  age-appropriate  
grade-level  academic standards. By requiring a school district,
charter school, and county office of education to include this
additional information in the notice provided to parents, the bill
would impose a state-mandated local program.
   (3) 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
the  State Department of Education   department
 , with the approval of the State Board of Education, to
establish procedures for conducting the assessment and for the
reclassification of a pupil from English learner to English
proficient.
   This bill would require a school district, charter school, and
county office of education to annually ascertain and report to the
department the number of pupils in the local educational agency who
are, or are at risk of becoming, long-term English learners. By
requiring a school district, charter school, and county office of
education to collect and report this data, this bill would impose a
state-mandated local program.
   (4) 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: yes.


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

  SECTION 1.  Section 313.1 is added to the Education Code, to read:
   313.1.  For purposes of this article, the following terms have the
following meanings:
   (a) "Long-term English learner" means an English learner who is
enrolled in any of grades 6 to 12, inclusive, has been continuously
 or cumulatively  enrolled in schools in the United States
for more than six years, has remained at the same English language
proficiency level for two or more consecutive years as determined by
an English proficiency examination, and  who  scores
far below basic or below basic on  a   the
English language arts  standards-based academic achievement
test.
   (b) "English learner at risk of becoming a long-term English
learner" means an English learner who is enrolled in  grade
  any of grades  5  to 11, inclusive  ,
has been continuously  or cumulatively  enrolled in schools
in the United States  since grade 1   for four
years  , scores at the intermediate level or below on the
English language development test identified or developed pursuant to
Section 60810, and scores in  grade 4  the
fourth year of continuous or cumulative enrollment  at the below
basic or far below basic levels on the English  language arts
 and mathematics standards-based achievement tests administered
pursuant to Section 60640.
  SEC. 2.  Section 313.2 is added to the Education Code, to read:
   313.2.  The notice to parents required pursuant to Section 7012 of
Title 20 of the United States Code shall include all of the
following in addition to the information required pursuant to Section
440:
   (a) Whether their child is a long-term English learner or at risk
of becoming a long-term English learner.
   (b)  The   If the child is a long-term
English learner or at risk of becoming a long-term English learner,
the notice also   shall include the  manner in which
the program  for   of instruction, including,
but not limited to,  English language development instruction
 ,  will  meet the   do   both
of the following: 
    (1)     Meet the  educational
strengths and needs of long-term English learners or those at risk of
becoming long-term English learners. 
   (c) The manner in which the program for English language
development instruction will help 
    (2)     Help  long-term English
learners or those at risk of becoming long-term English learners
develop English proficiency and meet  age-appropriate
  grade-level  academic standards.
  SEC. 3.  Section 313.3 is added to the Education Code, to read:
   313.3.  (a) A school district, charter school, or county office of
education shall annually ascertain the number of pupils in the local
educational agency who are, or are at risk of becoming, long-term
English learners, as those terms are defined in Section 313.1.
   (b) A school district, charter school, or county office of
education shall annually report to the department the number of
pupils ascertained pursuant to subdivision (a).
  SEC. 4.  Section 52059 of the Education Code is amended to read:
   52059.  (a) For purposes of complying with the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), a statewide
system of school support shall be established by the department to
provide a statewide system of intensive and sustained support and
technical assistance for school districts, county offices of
education, and schools in need of improvement. The system shall
consist of regional consortia, district assistance and intervention
teams, and other technical assistance providers.
   (b) The regional consortia shall work collaboratively with, and
provide technical assistance to, school districts and schools in need
of improvement by doing the following:
   (1) Reviewing and analyzing all facets of the operation of a local
educational agency or school, including the following:
   (A) The design and operation of the instructional program offered
by the local educational agency or school targeting pupils not
meeting the federal academic targets, including English learners,
long-term English learners, and those at risk of becoming long-term
English learners.
   (B) The recruitment, hiring, and retention of principals,
teachers, and other staff, including vacancy issues. The regional
consortia may request the assistance of the Fiscal Crisis and
Management Assistance Team to review school district or school
recruitment, hiring, and retention practices.
   (C) The roles and responsibilities of district and school
management personnel.
   (2) Assisting the local educational agency or school in developing
recommendations for improving pupil performance and school
operations targeting pupils not meeting the federal academic targets,
including English learners, long-term English learners, and those at
risk of becoming long-term English learners.
   (3) Assisting the local educational agency or school in efforts to
eliminate misassignments of certificated personnel.
   (c) For purposes of performing the functions specified in
subdivision (b), funds for the regional consortia shall be
distributed based on the number of Title I schools, the pupil
enrollment in those schools, and the number of school districts in
each region that are identified as being in need of improvement
pursuant to Section 6316(b) of Title 20 of the United States Code.
   (d) The regional consortia shall ensure that support is provided
in the following order of priority:
   (1) To school districts or county offices of education with
schools that are subject to corrective action under Section 6316(b)
(7) of Title 20 of the United States Code.
   (2) To school districts or county offices of education with
schools that are identified as being in need of improvement pursuant
to Section 6316(b) of Title 20 of the United States Code.
   (3) To provide support and assistance to school districts and
county offices of education with schools participating under the
federal No Child Left Behind Act of 2001 that need support and
assistance to achieve the purposes of that act.
   (4) To provide support and assistance to other school districts
and county offices of education with schools participating in a
program carried out under this chapter.
   (e) In accordance with paragraph (4) of subdivision (d) of Section
52055.57, the Superintendent may recommend, and the state board may
approve, that a local educational agency that is identified for
corrective action under the federal No Child Left Behind Act of 2001
contract with a district assistance and intervention team or other
technical assistance provider to receive technical assistance,
including, but not limited to, a needs assessment of the local
educational agency.
   (1) The Superintendent shall develop, and the state board shall
approve, standards and criteria to be applied by a district
assistance and intervention team or other technical assistance
provider in carrying out its duties. The standards and criteria that
a district assistance and intervention team or other technical
assistance provider shall use in assessing a local educational agency
shall address, at a minimum, all of the following areas:
   (A) Governance.
   (B) Alignment of curriculum, instruction, and assessments to state
standards targeting pupils not meeting the federal academic targets,
including English learners, long-term English learners, and those at
risk of becoming long-term English learners.
   (C) Fiscal operations.
   (D) Parent and community involvement.
   (E) Human resources.
   (F) Data systems and achievement monitoring.
   (G) Professional development.
   (2) Not later than 120 days after the assignment of a district
assistance and intervention team or other technical assistance
provider, or the next regularly scheduled meeting of the state board
following the expiration of the 120 days, the team shall complete a
report based on the findings from the needs assessment performed
pursuant to paragraph (1). The report shall include, at a minimum,
recommendations for improving the areas specified in paragraph (1)
that are found to need improvement. The report also shall address the
manner in which existing resources should be redirected to ensure
that the recommendations can be implemented.
   (3) Not later than 30 days after completion of the report
specified in paragraph (2), the governing board of the local
educational agency may submit an appeal to the Superintendent to be
exempted from implementing one or more of the recommendations made in
the report. The Superintendent, with approval of the state board,
may exempt the local educational agency from complying with one or
more of the recommendations made in the report.
   (4) Not later than 60 days after completion of the report, the
governing board of the local educational agency at a regularly
scheduled meeting shall adopt the report recommendations described in
paragraph (2), as modified by any exemptions granted by the
Superintendent under paragraph (3).
   (f) A local educational agency that is required to contract with a
district assistance and intervention team or other technical
assistance provider pursuant to this section shall reserve funding
provided under subdivision (d) of Section 52055.57 to cover the
entire cost of the team or other technical assistance provider before
using that funding for other reform activities.
   (g) Upon an evidence-based finding that a district assistance and
intervention team or other technical assistance provider has not
fulfilled its legal obligations pursuant to this section, the
Superintendent, with the approval of the state board, may remove the
district assistance and intervention team or other technical
assistance provider from the state list of eligible providers.
   (h) The provisions of this section are declarative of technical
assistance requirements under the federal No Child Left Behind Act of
2001 outlined in Section 6316(b) and (c) and Section 6317(a) of
Title 20 of the United States Code.
   (i) For purposes of this article, all references to schools shall
include charter schools.
  SEC. 5.  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.