BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       SB 753
          AUTHOR:        Padilla
          INTRODUCED:    February 18, 2011
          FISCAL COMM:   Yes            HEARING DATE:  April 13, 2011
          URGENCY:       No             CONSULTANT:    Kathleen 
          Chavira

           SUBJECT  :  California English Language Development Test 
          (CELDT)
          
           SUMMARY  

          This bill requires that the California English Language 
          Development Test (CELDT) be administered annually during a 
          three-month test period commencing with the day upon which 
          65 percent of the instructional year is completed and 
          establishes new requirements for the California Department 
          of Education (CDE) related to the CELDT, including that the 
          CDE report test results to parents, as specified.  

           BACKGROUND 

          Both federal and State law require that each school 
          district with English language learners annually assess 
          these students' English language development until they are 
          redesignated as English proficient. The California English 
          Language Development Test (CELDT) must be administered to 
          all students whose primary language is not English within 
          30 calendar days after they are enrolled in a California 
          public school for the first time, and annually thereafter 
          during a period of time determined by the Superintendent of 
          Public Instruction and the State Board of Education until 
          they are reclassified as fluent English proficient.  
          Districts are required to inform parents of test results 
          within 30 calendar days of receiving student results from 
          the testing contractor, or within two weeks of the child 
          being enrolled in a language instruction program after the 
          beginning of the school year. The CELDT serves three 
          purposes. It 1) identifies pupils as limited English 
          proficient, 2) determines the level of English language 
          proficiency of these students, and 3) annually assesses the 




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          progress of these students in acquiring the skills of 
          listening, speaking, reading, and writing in English. 
          (Education Code § 313 and § 60810)

           ANALYSIS
           
           This bill  :

          1)   Deletes the authority of the Superintendent of Public 
               Instruction and the State Board of Education to 
               determine the period of time for annually 
               administering the CELDT. 

          2)   Requires the California English Language Development 
               Test (CELDT) to instead be administered during a 
               three-month test period commencing with the day upon 
               which 65 percent of the instructional year is 
               completed. 

          3)   Requires the California Department of Education (CDE) 
               to report test results to parents. More specifically 
               it:

                    a)             Requires that results be reported 
                    in English or, if available, the language 
                    reported on the home language survey. 

                    b)             Requires the results be provided 
                    in a format that utilizes easily understood 
                    terminology and includes an explanation of the 
                    test's purpose, the score, and the intended use 
                    of the score by the district. 

          4)   Makes other clarifying and technical amendments. 

           STAFF COMMENTS  

           1)   Need for the bill  .  In December 2007, The Los Angeles 
               Unified School District convened the Achieving A+ 
               Summit which brought together over 40 researchers, 
               academics, and expert practitioners from across the 
               nation, as well as local community based organizations 
               and district staff.  Among the extensive 
               recommendations to emerge from the group's work was 
               the proposal that the California Department of 
               Education change the testing window for the CELDT to 




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               the spring.  According to the author, moving the test 
               to the spring would better support end-of-year 
               reclassification by providing schools with up-to-date 
               scores aligned with student scores on the California 
               Standards Tests, allow students to be tested following 
               a school year of English language instruction rather 
               than following a summer break, and provide language 
               proficiency information early enough to ensure proper 
               placement of students for the following school year.  
               English learners constitute approximately 24 percent 
               of the total enrollment in California public schools. 
               During 2009-2010 the CDE administered the CELDT to 1.6 
               million students, 1.3 million of whom were tested 
               under the annual assessment window.
                
            2)   Current practice compared to bill provisions  . 

                Test administration  . California currently administers 
               the CELDT at the beginning of the school year (July 1- 
               October 31) and results are generally made available 
               to school districts by early February. The sponsors 
               contend that this makes it difficult for districts to 
               use this information to make informed placement and 
               instructional decisions, and, testing after summer 
               when students are not at peak proficiency can 
               negatively affect reclassification. According to 
               information provided by the bill's sponsor, only two 
               states (California and Montana) administer an English 
               language proficiency test in the fall.  Forty-six 
               states, including Texas, New York, Florida, and 
               Illinois, administer the test in the Spring.  
                Parental reporting  . According to the sponsors, the 
               test vendor prepares a report for distribution to 
               parents, which is printed completely in English and in 
               a bar graph format, and, unlike the California 
               Standards Tests (CSTs), it gives no information or 
               recommendations to parents on how to assist their 
               children to learn English. Current law requires that 
               the California Department of Education (CDE) report 
               individual results of the CSTs in writing to 
               parents/guardians and include a clear explanation of 
               the purpose of the test, the pupil's score, and its 
               intended use by the school district. This bill would 
               implement these same requirements in regards to the 
               California English Language Development Test (CELDT) 
               results. 




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           3)   Why 65 percent  ? This bill requires the administration 
               of the CELDT during a three-month test period 
               commencing with the day upon which 65 percent of the 
               instructional year is completed. According to the 
               sponsors, this provision is intended to address 
               concerns that changing the timeframe for administering 
               the CELDT to the spring would result in conflict or 
               competition with the administration of other tests 
               (California Standards Tests, Standards-based Tests in 
               Spanish, the California High School Exit Exam, SATs 
               and ACTs). In general, this bill would authorize the 
               annual administration of the CELDT sometime after 
               March, but still give districts the flexibility to 
               schedule the test to accommodate other testing 
               requirements. 
           
          4)   Consistent with American Institutes of Research (AIR) 
               findings  . In its statutorily required report, Effects 
               on the Implementation of Proposition 227 on the 
               Education of English Learners, the AIR found that the 
               deadline for reporting reclassification results is 
               inconsistent with the calendar of assessments and 
               reporting of these results, complicating local 
               reclassification procedures. The report noted, "School 
               districts experience significant pressure carrying out 
               redesignation procedures and completing counts of 
               redesignated students in time for the Language Census 
               February 28 deadline. Moreover, some districts noted 
               that this short February timeframe is further 
               compressed as they also require parents to meet 
               one-on-one with educators, participate in the 
               redesignation process and or sign off approving the 
               decision to redesignate."
                
            5)   Prior legislation  .  

               a)        SB 521 (Romero, 2009) was nearly identical 
                    to this bill and was heard and passed by this 
                    committee on April 22, 2009, by a vote of 7-0.  
                    The bill was subsequently held under submission 
                    in the Senate Appropriations Committee.  

               b)        AB 2077 (Fuentes, 2008), also nearly 
                    identical to this bill, was heard and passed by 
                    this committee on June 25, 2008, by a vote of 




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                    7-0.  The bill was subsequently held under 
                    submission in the Senate Appropriations 
                    Committee.  
           

          SUPPORT  

          Boyle Heights Learning Collaborative
          California Association for Bilingual Education
          California Charter Schools Association
          Californians Together
          Central American Resource Center - Los Angeles
          Green Dot Public Schools
          Innercity Struggle
          Latin Business Association
          Long Beach Unified School District
          Los Angeles Unified School District
          National Council of La Raza
          Parent Revolution
          Public Advocates
          SEIU California
          Vaughn Next Century Learning Center

           OPPOSITION

           Association of California School Administrators (ACSA)