BILL NUMBER: SB 1108	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 17, 2012

   An act to amend Section 313 of, and to repeal Section 52164.6 of,
the Education Code, relating to English learners.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1108, as introduced, Padilla. English learners:
reclassification.
   Existing law requires each school district that has one or more
pupils who are English learners, and to the extent required by
federal law, a county office of education and a charter school, to
assess the English language development of each of those pupils in
order to determine their level of proficiency. Existing law requires
the State Department of Education, with the approval of the State
Board of Education, to establish procedures for conducting the
assessment and for the reclassification of a pupil from English
learner to English proficient. Existing law requires the
reclassification procedures developed by the department to use
multiple criteria, including, but not limited to, 4 specified
criteria, in determining whether to reclassify a pupil as proficient
in English.
   This bill would instead require the reclassification procedures to
use only 3 of the 4 specified criteria and would no longer require
the comparison of the pupil's basic skills performance against an
empirically established range of basic skills performance based on
the performance of English-proficient pupils of the same age.
    The inoperative Chacon-Moscone Bilingual-Bicultural Education Act
of 1976 contains provisions regarding the identification criteria
and allocation formulas that existing law requires to be used for
funding purposes. One of the inoperative provisions requires a school
district in which pupils of limited English proficiency are enrolled
to establish reclassification criteria, requires the classification
process to use multiple criteria that includes specified elements,
and requires the State Board of Education to adopt regulations
setting forth standards for language reclassification criteria to be
adopted by school districts.
   This bill would repeal the reclassification provision of the
inoperative law.
   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 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 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 until subdivision (d)
is implemented, 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
  reclassified  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) This subdivision shall not be implemented unless and until
the department receives written documentation from the United States
Department of Education that federal law permits the implementation
of the changes set forth in this subdivision or until the 2013-14
school year, whichever occurs later.
   (2) The assessment shall be conducted annually during a period
that commences on the day upon which 55 percent of the instructional
year is completed through July 1 of that calendar year. Annual
assessments shall continue until the pupil is  redesignated
  reclassified  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.
   (3) 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)
  (2)  , 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)
  (2)  , the initial assessment of the pupil shall
be conducted as part of the annual assessment conducted pursuant to
paragraph  (1)   (2)  .
   (4) Notwithstanding paragraph  (1)   (2)
 , a school district shall assess the English language
development of a pupil pursuant to this section no more than one time
per school year.
   (e) The assessments conducted pursuant to subdivision (d) shall be
conducted in a manner consistent with federal statutes and
regulations.
   (f) The reclassification procedures developed by the department
shall utilize  multiple   the following 
criteria in determining whether to reclassify a pupil as  English
 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.  The department shall determine the score for
reclassificatio   n. 
   (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.

   (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.  Section 52164.6 of the Education Code is repealed.

   52164.6.  Reclassification criteria shall be established by each
school district in which pupils of limited English proficiency are
enrolled. The criteria shall determine when pupils of limited English
proficiency have developed the English language skills necessary to
succeed in an English-only classroom. The reclassification process
shall, at a minimum, utilize multiple criteria, including, but not
limited to, all of the following:
   (a) Teacher evaluation, including a review of the pupil's
curriculum mastery.
   (b) Objective assessment of language proficiency and reading and
writing skills.
   (c) Parental opinion and consultation.
   (d) An empirically established range of performance in basic
skills, based on nonminority English-proficient pupils of the same
grade and age, which demonstrates that the pupil is sufficiently
proficient in English to succeed in an English-only classroom.
   The board shall adopt regulations setting forth standards for
language reclassification criteria to be adopted by school districts.
The board's regulations shall, at a minimum, prescribe a
reclassification process that utilizes multiple criteria as required
by this section.
   Each school district shall, in following the board's regulations
establish criteria for determining when pupils of limited English
proficiency enrolled in programs defined in Section 52163 have
developed the English language skills of comprehension, speaking,
reading, and writing necessary to succeed in an English-only
instructional setting.