BILL ANALYSIS Ķ
AB 2193
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2193 (Lara)
As Amended August 21, 2012
Majority vote
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|ASSEMBLY: |68-10|(May 30, 2012) |SENATE: |36-0 |(August 22, |
| | | | | |2012) |
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Original Committee Reference: ED.
SUMMARY : Defines "long-term English learners (LTELs)" and
"English learners (ELs) at risk of becoming long-term English
learners," and requires the California Department of Education
(CDE) to annually ascertain and provide to school districts and
schools the number of such pupils in each school district and
school, including a school that is within the jurisdiction of a
county office of education (COE) and a charter school.
The Senate amendments :
1)Revise the definition of LTEL and EL at risk of becoming a
long-term EL by deleting the reference to an EL that is
"continuously or cumulatively" enrolled in school for a
specified amount of time.
2)Require the CDE, instead of school districts, charter schools,
and COE to annually ascertain the number of pupils in each
school district, school, charter school and school within the
jurisdiction of a COE, who are or are at risk of becoming
LTELs.
3)Require the CDE to annually provide the information in 2)
above to school districts and schools.
4)Delete the parental notification requirement.
5)Delete provisions requiring the statewide system of school
support to target pupils that are not meeting the federal
academic targets, including ELs, LTELs, and pupils at-risk of
becoming LTELs.
FISCAL EFFECT : According to the Senate Appropriations
Committee, approximately $50,000 for CDE to compile specified
AB 2193
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data for each school district.
COMMENTS : Nearly 1.4 million of the state's 6.2 million
students were identified as ELs during the 2010-11 school year,
representing 23% of the state's total kindergarten through grade
12 (K-12) public school enrollment. A recent study shows that a
large number of ELs, despite their many years in U.S. schools,
are still not English proficient and are not making progress
towards meeting criteria for reclassification, thus staying
classified as ELs for an extended period of time. These pupils
are referred to as "long-term English learners," however, the
state and school districts lack a uniform definition of and
mechanism to identify LTELs. This bill seeks to create a
uniform state definition of LTEL and at-risk EL, and requires
CDE to identify and provide this information to school districts
and schools.
The problem: The report, Reparable Harm: Fulfilling the Unkept
Promise of Educational Opportunity for California's Long Term
English Learners, includes information from a survey of 40
California school districts and finds that the majority, 59%, of
secondary school ELs in those districts are long-term English
learners, meaning they have been in U.S. schools for more than
six years and have not reached sufficient English proficiency to
be reclassified. Furthermore, the report points out that in one
out of three districts, more than 75% of their ELs are long
term. The majority of LTELs have remained at the intermediate
level of English proficiency or below, while others have reached
higher levels of English proficiency but not enough academic
language to be reclassified. Significant gaps in reading and
writing and the lack of rich oral and literacy skills needed to
fully participate and succeed in academic work are common trends
amongst LTELs.
Identification: This bill defines LTEL as an EL who is enrolled
in any of grades 6 to 12, inclusive, has been enrolled in
schools in the U.S. for more than six years, is unable to
advance for two or more years beyond a particular level on the
English language development test (ELDT), and scores far below
basic or below basic on the English language arts (ELA)
standards test. According to information provided by one of the
co-sponsors, the Californians Together Coalition, the rationale
for the six years is based on linguistic research showing that
it normatively takes up to seven years to reach proficiency in a
second language, and on an analysis of progression rates through
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the levels on the ELDT. There are five proficiency levels on
the ELDT and the expectation is for ELs to advance one
proficiency level per year, consistent with federal
requirements. The definition in this bill acknowledges the five
levels on the ELDT while trying to avoid identifying pupils too
early if they are making normative progress and hence sets six
years in a U.S. school as one of the indicators. The definition
of LTEL in this bill is not solely based on the number of years
an EL has been enrolled in U.S. schools. It further considers
whether these pupils may have reached a plateau on English
proficiency and on academic achievement tests.
This bill does not require districts to create a specific
program to address the academic deficits of LTELs or to help
remediate at-risk ELs. It can be argued that, as a first step,
this bill raises awareness on this issue by codifying
definitions of, and requiring districts to identify, pupils who
are, or are at risk of becoming, LTELs. After these pupils are
identified, districts have the flexibility to craft programs as
they best see fit to meet the needs of their student population.
This bill does not create new programmatic requirements for
school districts but instead can potentially encourage districts
to focus on developing plans and/or strategies to address the
needs of LTELs and at-risk ELs within existing programs.
Author's statement: "AB 2193 defines in the Education Code the
term Long Term English Learner and defines an English Learner at
risk of becoming a Long Term English Learner. By creating
standard definitions in the Education Code, California schools
and districts will be able to properly identify LTEL'S and know
their corresponding grade level. This will ensure that Long Term
English Learners and those at risk of becoming Long Term English
Learners do not become 'invisible' and do not fall through the
cracks regarding instruction."
Analysis Prepared by : Marisol Aviņa / ED. / (916) 319-2087
FN: 0005346