BILL NUMBER: SB 1108 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senator Padilla
FEBRUARY 17, 2012
An act to amend Section 313 of, and to repeal Section
52164.6 of, Sections 313 and 60810 of the
Education Code, relating to English learners.
LEGISLATIVE COUNSEL'S DIGEST
SB 1108, as amended, Padilla. English learners: reclassification.
Existing
(1) 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.
Existing law requires the Superintendent of Public Instruction to
apportion funds appropriated for purposes of assessing the English
language development of pupils whose primary language is a language
other than English to enable school districts to use the California
English language development test to identify pupils who are limited
English proficient, determine the level of English language
proficiency of those pupils, and to assess the progress of those
pupils in acquiring the skills of listening, reading, speaking, and
writing in English.
This bill, for the 2013-14 school year, would condition the
receipt of funds appropriated for purposes of assessing the English
language development of pupils whose primary language is a language
other than English on a school district, county office of education,
and charter school reporting, by July 1, 2013, to the department the
criteria the school district, county office of education, or charter
school uses to determine whether or not to reclassify a pupil as
English proficient, thereby imposing a state-mandated local program.
The bill would require the department to analyze the reported
criteria, determine which criteria represent the best practices in
reclassifying pupils as English proficient, and, by January 1, 2014,
report to the Legislature the best practices for objectively
assessing language proficiency, evaluating the academic performance
of an English learner, and comparing the performance of an English
learner in basic skills against a range of performance in basic
skills based upon the performance of English proficient pupils of the
same age to demonstrate whether the English learner is sufficiently
proficient in English to participate effectively in a curriculum
designed for pupils of the same age whose native language is English.
The bill also would require the department, beginning with the
2015-16 school year, to determine and recommend to the state board
(a) a level of English language proficiency that demonstrates whether
the English proficiency of an English learner is equivalent to the
English proficiency of pupils of the same age whose native language
is English, (b) best practices for a teacher to evaluate and review
the ability of an English learner to participate effectively in a
curriculum designed for pupils of the same age whose native language
is English, and (c) a level of academic performance that demonstrates
an ability to participate effectively in a curriculum designed for
pupils of the same age whose native language is English.
(2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 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 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 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 (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 (2), the initial
assessment of the pupil shall be conducted as part of the annual
assessment conducted pursuant to paragraph (2).
(4) Notwithstanding paragraph (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 the following criteria in determining whether to
reclassify a pupil as English proficient:
proficient:
(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
reclassification. Beginning with the 2015-16 school
year, the department, using the information provided pursuant to
subparagraph (B) of paragraph (4) of subdivision (a) of Section
60810, shall determine and recommend to the state board a level of
English language proficiency that demonstrates whether the English
proficiency of an English learner is equivalent to the English
proficiency of pupils of the same age whose native language is
English.
(2) Teacher evaluation, including, but not limited to, a review of
the pupil's curriculum mastery. Beginning with the 2015-16
school year, the department, using the information provided pursuant
to subparagraph (B) of paragraph (4) of subdivision (a) of Section
60810, shall determine and recommend to the state board the best
practices for a teacher to evaluate and review the ability of an
English learner to participate effectively in a curriculum designed
for pupils of the same age whose native language is English.
(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 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. Beginning
with the 2015-16 school year, the department, using the information
provided pursuant to subparagraph (B) of paragraph (4) of subdivision
(a) of Section 60810, shall determine and recommend to the state
board a level of academic performance that demonstrates an ability 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 60810 of the Education
Code is amended to read:
60810. (a) (1) The Superintendent shall review existing tests
that assess the English language development of pupils whose primary
language is a language other than English. The tests shall include,
but not be limited to, an assessment of achievement of these pupils
in English reading, speaking, and written skills. The Superintendent
shall determine which tests, if any, meet the requirements of
subdivisions (b) and (c). If any existing test or series of tests
meets these criteria, the Superintendent, with approval of the state
board, shall report to the Legislature on its findings and
recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meets
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2000-01 school year.
(4) (A) The Superintendent shall apportion
funds appropriated to enable school districts to meet the
requirements of subdivision (d). The state board shall establish the
amount of funding to be apportioned per test administered, based on a
review of the cost per test.
(B) As a condition of the receipt of funds for the 2013-14 school
year, a school district, county office of education, and charter
school shall report, by July 1, 2013, to the department the criteria
the school district, county office of education, or charter school
uses to determine whether or not to reclassify a pupil as English
proficient.
(5) An adjustment to the amount of funding to be apportioned per
test is not valid without the approval of the Director of Finance. A
request for approval of an adjustment to the amount of funding to be
apportioned per test shall be submitted in writing to the Director of
Finance and the chairpersons of the fiscal committees of both houses
of the Legislature with accompanying material justifying the
proposed adjustment. The Director of Finance is authorized to approve
only those adjustments related to activities required by statute.
The Director of Finance shall approve or disapprove the amount within
30 days of receipt of the request and shall notify the chairpersons
of the fiscal committees of both houses of the Legislature of the
decision.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, and, once an assessment
is developed, early literacy skills. The early literacy assessment
shall be administered for a period of three years beginning after the
initial administration of the assessment or until July 1, 2012,
whichever occurs first. Six months after the results of the last
administered assessment are collected, but no later than January 1,
2013, the department shall report to the Legislature on the
administration of the kindergarten and grade 1 early literacy
assessment results, as well as on the administrative process, in
order to determine whether reauthorization of the early literacy
assessment is appropriate.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early literacy
skills. The department shall ensure that the test and procedures for
its administration are age and developmentally appropriate. Age and
developmentally appropriate procedures for administration may
include, but are not limited to, one-on-one administration, a small
group setting, and orally responding or circling a response to a
question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(3) Be capable of administration to pupils with any primary
language other than English.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
English.
(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
required to retake those portions of the test that measure English
language skills for which he or she has previously tested as advanced
within each appropriate grade span, as determined by the department
in accordance with paragraph (8) of subdivision (c).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to
12, inclusive, shall not be required to retake those portions of the
test that measure English language skills for which he or she has
previously tested as early advanced or advanced.
(3) This subdivision shall not be implemented until the test
publisher's contract that is in effect on January 1, 2012, expires.
(4) This subdivision shall not be implemented unless and until the
department receives written documentation from the United States
Department of Education that implementation is permitted by federal
law.
(f) (1) The department, in consultation with the state board,
experts in the field of English learners, teachers of English
learners, and local educational agencies, shall analyze the criteria
reported pursuant to subparagraph (B) of paragraph (4) of subdivision
(a) and determine which criteria represent the best practices in
reclassifying pupils as English proficient. By January 1, 2014, the
department shall report to the Legislature the best practices for
accomplishing all of the following:
(A) Objectively assessing language proficiency.
(B) A teacher evaluating the academic performance of an English
learner.
(C) Comparing the performance of an English learner 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 to demonstrate whether the English learner is
sufficiently proficient in English to participate effectively in a
curriculum designed for pupils of the same age whose native language
is English.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on January 1, 2017.
(3) The report to be submitted pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government Code.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 2. Section 52164.6 of the Education Code
is repealed.