BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 753|
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                                 THIRD READING


          Bill No:  SB 753
          Author:   Padilla (D)
          Amended:  5/31/11
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-0, 4/13/11
          AYES:  Lowenthal, Runner, Alquist, Hancock, Huff, Liu, 
            Price, Simitian, Vargas
          NO VOTE RECORDED:  Blakeslee, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  8-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Lieu, Pavley, Price, 
            Runner, Steinberg
          NO VOTE RECORDED:  Emmerson


           SUBJECT  :    Pupils:  English learners:  assessment

           SOURCE  :     Los Angeles Unified School District


           DIGEST  :    This bill requires, until the 2012-13 school 
          year, an assessment of English proficiency on a pupil whose 
          primary language is not English to be conducted upon 
          initial enrollment, and annually, thereafter, and requires, 
          commencing with the 2013-14 school year, the California 
          English Language Development Test (CELDT) to be 
          administered during a three-month period commencing with 
          the day upon which 65 percent of the instructional year is 
          complete.

           ANALYSIS  :    Both federal and State law require that each 
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          school district with English language learners annually 
          assess these students' English language development until 
          they are redesignated as English proficient.  The 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 (SPI) and the State 
          Board of Education (SBE) until they are reclassified as 
          fluent English proficient

          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 progress of these students in 
          acquiring the skills of listening, speaking, reading, and 
          writing in English.

          This bill:

          1.Requires, until the 2012-13 school year, an assessment of 
            English proficiency on a pupil whose primary language is 
            not English to be conducted upon initial enrollment, and 
            annually, thereafter determined by the SPI and the SBE.

          2.Requires, commencing with the 2013-14 school year, the 
            CELDT to be administered during a three-month period 
            commencing with the day upon which 65 percent of the 
            instructional year is complete.

          3.Specifies that a 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.

          4.Makes other clarifying and technical changes.

           Comments

          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 

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          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 CDE change the 
          testing window for the CELDT to the Spring.  English 
          learners constitute approximately 24 percent of the total 
          enrollment in California public schools.  During 2009-10, 
          the CDE 
          administered the CELDT to 1.6 million students, 1.3 million 
          of whom were tested under the annual assessment window.

           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 of the bill 
          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 
          sponsor of the bill, 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.  

           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 (CSTs, Standards-based Tests in Spanish, the 
          California High School Exit Exam, SATs and ACTs).  In 
          general, this bill authorizes the annual administration of 
          the CELDT sometime after March, but still gives districts 
          the flexibility to schedule the test to accommodate other 
          testing requirements.

           Prior Legislation

           SB 521 (Romero), 2009-10 Session, was nearly identical to 

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          this bill.  (Held under submission in the Senate 
          Appropriations Committee)

          SAB 2077 (Fuentes), 2007-08 Session, was nearly identical 
          to this bill.  (Held under submission in the Senate 
          Appropriations Committee)

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions             2011-12            2012-13         
              2013-14            Fund

           Screening test                $3,000-$6,000 annually, 
          beginning in           General
          implementation             2013-14 

           SUPPORT  :   (Verified  5/31/11)

          Los Angeles Unified School District (source)
          Alliance for a Better Community
          Antonio R. Villaraigosa, Mayor, City of Los Angeles
          Boyle Heights Learning Collaborative
          California Association for Bilingual Education
          California Charter Schools Association
          California Federation of Teachers
          California Teachers of English to Speakers of Other 
          Languages
          Californians Together
          Central American Resource Center, Los Angeles
          Coalition for Humane Immigrant Right of LA
          GreenDot Public Schools
          Innercity Struggle
          Latin Business Association
          Long Beach Unified School District
          National Council of La Raza
          Parent Teacher Association
          Parent Revolution
          Public Advocates
          San Francisco Unified School District

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          Service Employees International Union, California
          Service Employees International Union
          United Teachers Los Angeles
          Vaughn Next Century Learning Center
          Youth Policy Institute

           OPPOSITION  :    (Verified  5/31/11)

          Association of California School Administrators

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          moving the test to the Spring would better support 
          end-of-year reclassification by providing schools with 
          up-to-date scores aligned with student scorers on the 
          California Standards Test, 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.  

           ARGUMENTS IN OPPOSITION  :    In opposition, the Association 
          of California School Administrators (ACSA) contends that 
          "?a date change to the spring will result in lost time for 
          teachers to use the CELDT data to adjust curriculum based 
          on the student's language proficiency within the school 
          year.  Waiting to use the data for the prospective year 
          creates a lag during summer.  

          ACSA has also expressed concerned with the excessive amount 
          of testing in the spring particularly since the CELDT is a 
          very time intensive and labor intensive assessment 
          involving listening, speaking, reading and writing to gauge 
          language proficiency.


          CPM:cm  5/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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