BILL NUMBER: SB 1108	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 19, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Padilla

                        FEBRUARY 17, 2012

   An act to  amend Sections 313 and 60810 ofthe 
 add Section 313.5 to the  Education Code, relating to
English learners.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1108, as amended, Padilla. English learners: reclassification.
    (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 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. 

   The bill would require the department, by January 1, 2014, to
review and analyze the criteria, policies, and practices that school
districts use to reclassify English learners and recommend to the
Legislature and state board any guideline, regulatory, or statutory
changes that the department determines are necessary to identify when
English learners are prepared for the successful transition to
classrooms and curricula that require English proficiency.  

   The bill would require the department, by January 1, 2017, to
issue an updated report that reflects any changes in analysis and
recommendations as a result of the adoption by the state board of the
common core standards and related English language development
standards. 
   (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: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 313.5 is added to the 
 Education Code   , to read:  
   313.5.  (a) As a condition of the receipt of funds apportioned for
the 2013-14 school year to enable school districts, county offices
of education, and charter schools to meet the requirements of
subdivision (d) of Section 60810, a school district, a county office
of education, and a 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.
   (b) By January 1, 2014, the department shall review and analyze
the criteria, policies, and practices that school districts use to
reclassify English learners, and recommend to the Legislature and
state board any guideline, regulatory, or statutory changes that the
department determines are necessary to identify when English learners
are prepared for the successful transition to classrooms and
curricula that require English proficiency.
   (c) For purposes of completing the review and analysis required
pursuant to subdivision (b), the department shall consult with
parents of English learners, experts with demonstrated experience in
developing and administering assessments for English learners,
classroom or resource teachers, or both, and school district
administrators with expertise in curriculum, instruction, assessment,
and accountability.
   (d) For purposes of completing the review and analysis required
pursuant to subdivision (b), the department shall examine and report
on the following:
   (1) The practices and standards used by school districts to meet
the four reclassification criteria specified in subdivision (f) of
Section 313.
   (2) The extent to which school districts are following the
guidelines established by the state board.
   (3) The range of reclassification criteria developed by school
districts.
   (e) As part of the examination required pursuant to subdivision
(d), the department shall analyze the following:
   (1) English language proficiency and academic performance data.
   (2) The relationship of the reclassification criteria to
reclassification rates.
   (3) The academic performance of pupils after reclassification as
English proficient.
   (f) In its report, the department also shall identify any other
pupil outcome measures that indicate an English learner is prepared
to successfully transition to a classroom and curricula that require
English proficiency.
   (g) By January 1, 2017, the department shall issue an updated
report that reflects any changes in analysis and recommendations as a
result of the adoption by the state board of the common core
standards pursuant to Section 60605.8 and the English language
development standards adopted pursuant to Section 60811.3. 
   SEC. 2.    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.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, March 29, 2012. (JR11)