BILL NUMBER: SB 753	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 13, 2011
	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   a
school district and county office of education to annually conduct
the assessment  during a 3-month test period commencing with the
day upon which 65% of the instructional year is completed, and would
 provide which   require the  assessment
 is  to be  used for purposes of an
  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. The bill would apply these provisions,
to the extent required by federal law, to a county office of
education and a charter school  . 
   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 no reimbursement is required by this
act for a specified reason. 
   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  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 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 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.
   (d) (1) Commencing with the 2013-14 school year, the 
annual  assessment shall be conducted  annually 
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.
 
   (2) Commencing with the 2013-14 school year, 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), 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), the initial
assessment of the pupil shall be conducted as part of the annual
assessment conducted pursuant to paragraph (1).  
   (e) The assessments conducted pursuant to subdivision (d) shall be
conducted in a manner consistent with federal statutes and
regulations.  
   (e) 
    (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.

   (f) 
    (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.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because this act implements a federal law or regulation
and results only in costs mandated by the federal government, within
the meaning of Section 17556 of the Government Code.