BILL NUMBER: SB 753	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Padilla

                        FEBRUARY 18, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 753, as amended, Padilla. Pupils: English learners: assessment.

   Existing law requires each school district that has one or more
pupils who are English learners to assess the English language
development of each of those pupils in order to determine the level
of proficiency of those pupils. The assessment primarily consists of
the administration of the California English Language Development
Test (CELDT) that assesses pupils in grades 2 to 12, inclusive, in
English listening, speaking, reading, and writing skills, and pupils
in kindergarten and grade 1 in English listening and speaking.
Existing law requires that the assessment be conducted upon initial
enrollment, and annually thereafter during a period of time
determined by the Superintendent of Public Instruction and the State
Board of Education, until the pupil is redesignated as English
proficient.
   This bill  , commencing with the 2013-14 school  
year,  would require the annual assessment to be conducted
during a 3-month test period commencing with the day upon which 65%
of the instructional year is completed, and would provide 
that these provisions, as well as the provisions requiring an initial
and annual assessment, would not be implemented until the current
test publisher's contract expires   which assessment is
to be used for purposes of an initial enrollment  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
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 shall assess  each pupil's  
the  English language development  of each pupil  in
order to determine the level of proficiency for the purposes of this
chapter.
   (b) The  State Department of Education  
department  , with the approval of the  State Board of
Education   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  proficient in  English  proficient
 .
   (c) Commencing with the 2000-01 school year  to the 2012-13
school year, inclusive  , the assessment shall be conducted upon
initial enrollment, and annually, thereafter, during a period of
time determined by the Superintendent  of Public Instruction
 and the  State Board of Education  
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  of Public Instruction
 pursuant to Chapter 7 (commencing with Section 60810) of
Part 33  of Division 4 of Title 2  .  Prior to
completion of the English language development test, a school
district shall use either an assessment instrument developed by the
school district or an assessment recommended by the State Department
of Education.  
   (d) (1) Commencing with the 2013-14 school year, the annual
assessment shall be conducted during a three-month test period
commencing with the day upon which 65 percent of the instructional
year is completed. 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.  
   (2) The school district shall conduct an assessment of a pupil at
the pupil's initial enrollment to determine if the pupil is an
English learner and shall use, for this purpose, the prior year's
annual assessment for the grade in which the pupil is enrolling.
 
   (d) 
    (e)  The reclassification procedures developed by the
 State Department of Education   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  pupil's  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. 
   (e) It is the intent of the Legislature that nothing in this
section 
    (f)     This section does not 
preclude a school district or county office of education from testing
English  language  learners more than once in a
school year if the school district or county office of education
chooses to do so. 
  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 shall assess the English language development of
each pupil in order to determine the level of proficiency for the
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 language proficient.
   (c) (1) The assessment shall be conducted upon initial enrollment
and annually thereafter during a three-month test period commencing
with the day upon which 65 percent of the instructional year is
completed. Annual assessments shall continue until the pupil is
redesignated as English proficient. The assessment primarily shall
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.
   (2) This subdivision shall not be implemented until the current
test publisher's contract expires.
   (d) 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.

   (e) 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.