BILL NUMBER: SB 1108	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 5, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  APRIL 19, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Padilla
    (   Coauthor:   Assembly Member  
Norby   ) 

                        FEBRUARY 17, 2012

   An act to add Section 313.5 to the Education Code, relating to
English learners.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1108, as amended, 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 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 would require the department, by January 1, 2014, to
review and analyze the criteria, policies, and practices that a
sampling of school districts that represent the geographic,
socioeconomic, and demographic diversity of school districts in the
state 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, 2014, to
issue a report on its findings, research, analysis, recommendations,
and best practices, and  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.
   The bill would make implementation of these provisions contingent
on an appropriation of federal or state funds or on the availability
of private funding.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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) By January 1, 2014, the department shall review and
analyze the criteria, policies, and practices that a sampling of
school districts that represent the geographic, socioeconomic, and
demographic diversity of school districts in the state 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.
   (b) For purposes of completing the review and analysis required
pursuant to subdivision  (b)   (a)  , 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
 , and researchers possessing expertise in the education of
English learners  . 
   (c) The group of experts described in subdivision (b) shall
develop a study design that may include a sampling methodology for
purposes of selecting the school districts that will be part of the
review and analysis to identify best practices pursuant to
subdivision (a).  
   (c) 
    (d)  For purposes of completing the review and analysis
required pursuant to subdivision  (b)   (a)
 , the department shall examine and report on the following:
   (1) The practices and standards used by a sampling of school
districts that represent the geographic, socioeconomic, and
demographic diversity of school districts in the state 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. 
   (d) 
    (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.
    (4) The relationship of the reclassification criteria to the
academic performance of pupils after reclassification.  

   (e) 
    (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, 2014, the department shall issue a report that
includes the department's findings, research, analysis,
recommendations, and best practices pursuant to subdivisions (a),
(d), (e,) and (f).  
   (f) 
    (h)  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.

   (g)
    (i)  This section shall be implemented only if state or
federal funds are appropriated as necessary to fully fund this
purpose or if private funds are made available as necessary to fully
fund this purpose.