California Legislature—2013–14 Regular Session

Assembly BillNo. 899


Introduced by Assembly Member Weber

February 22, 2013


An act to add and repeal Section 60811.3 of the Education Code, relating to academic content standards.

LEGISLATIVE COUNSEL’S DIGEST

AB 899, as introduced, Weber. English language development standards: English learners.

Existing law requires 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, to assess the English language development of each of those pupils upon initial enrollment in order to determine the level of proficiency of those pupils, and thereafter to assess each of those pupils annually until the pupil is redesignated as English proficient.

Existing law requires the State Board of Education to approve standards for English language development for pupils whose primary language is a language other than English. Existing law further requires that these standards be comparable in rigor and specificity to the statewide academically rigorous content standards for English language arts.

Existing law, which is to be repealed on July 1, 2013, requires the Superintendent of Public Instruction, in consultation with the state board, to update, revise, and align the English language development standards adopted pursuant to existing law to the state board-approved academic content standards for English language arts. These provisions require the Superintendent to convene a group of experts in English language instruction, curriculum, and assessment to assist the Superintendent in updating, revising, and aligning the English language development standards. These provisions also require the Superintendent to present the updated, revised, and aligned English language development standards to the state board on or before August 31, 2012. These provisions further require the state board to adopt, reject, or revise the standards presented by the Superintendent on or before September 30, 2012.

These provisions also require the Superintendent and the state board to present to the Governor and the appropriate policy and fiscal committees of the Legislature a schedule and implementation plan for integrating the English language development standards adopted pursuant to the above provisions into the state public education system. These provisions also express the intent of the Legislature that the State Department of Education consider the work of the group of experts when developing any new English language acquisition assessments. These provisions require the department to use certain federal funds to implement these provisions.

This bill would reenact the provisions described above that are to be repealed on July 1, 2013.

The bill would also require the Superintendent, on or before January 1, 2015, to present to the state board the English language development standards aligned to academic content standards for mathematics and literacy in science adopted based on the work of the group of experts referenced above. The bill would require the Superintendent, before the presentation to the state board, to hold a minimum of 2 public meetings in order for the public to provide input regarding the work of the group of experts to update, revise, and align the English language development standards.

The bill would also require the state board, on or before August 1, 2015, to adopt or reject the Superintendent’s recommendations for the alignment of the English language development standards with the state board-approved academic content standards for mathematics and literacy in science, as specified.

 This bill would make these provisions inoperative on July 1, 2016, and would repeal these provisions as of January 1, 2017.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 60811.3 is added to the Education Code,
2to read:

3

60811.3.  

(a) The Superintendent, in consultation with the state
4board, shall update, revise, and align the English language
5development standards adopted pursuant to Section 60811 to the
6state board-approved academic content standards for English
7language arts adopted pursuant to Section 60605.8. The English
8language development standards shall be aligned by grade level,
9and shall be comparable to, and as rigorous and specific as, the
10academic content standards for English language arts adopted by
11the state board pursuant to Section 60605.8.

12(b) In meeting the requirements of subdivision (a), the
13Superintendent, in consultation with the state board, shall convene
14a group of experts in English language instruction, curriculum,
15and assessment, including individuals who have a minimum of
16three years of demonstrated experience instructing English learners
17in the classroom at the elementary or secondary level. The
18Superintendent shall ensure that members of the group include,
19but are not limited to, individuals who are schoolsite principals,
20school district or county office of education administrators
21overseeing programs and support for English learners, personnel
22of teacher training schools at institutions of higher education, or
23curriculum and instructional specialists with English learner
24experience.

25(c) On or before August 31, 2012, the Superintendent shall
26present the updated, revised, and aligned English language
27development standards, based on the work of the group of experts
28convened pursuant to subdivision (b), to the state board. Before
29the presentation to the state board, the Superintendent shall hold
30a minimum of two public meetings pursuant to the Bagley-Keene
31Open Meeting Act (Article 9 (commencing with Section 11120)
32of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
33Code) in order for the public to provide input regarding the work
34of the group of experts to update, revise, and align the English
35language development standards.

36(d) On or before September 30, 2012, the state board shall adopt,
37reject, or revise the English language development standards
38presented by the Superintendent.

P4    1(1) If the state board revises the English language development
2standards presented by the Superintendent, the state board shall,
3in a public meeting held pursuant to the Bagley-Keene Open
4Meeting Act (Article 9 (commencing with Section 11120) of
5Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
6Code), provide written reasons for its revisions. The state board
7shall not adopt the revised English language development standards
8at the same meeting it provides its written reasons, but, instead,
9shall adopt these revisions at a subsequent meeting or no later than
10November 15, 2012.

11(2) If the state board rejects the English language development
12standards presented by the Superintendent pursuant to subdivision
13(c), the state board shall transmit to the Superintendent, the
14Governor, and the appropriate policy and fiscal committees of the
15Legislature a specific written explanation of the reasons why the
16standards presented by the Superintendent were rejected.

17(e) On or before January 1, 2015, the Superintendent shall
18present the English language development standards aligned to
19academic content standards for mathematics and literacy in science
20adopted pursuant to Section 60605.8, based on the work of the
21group of experts convened pursuant to subdivision (b), to the state
22board. Before the presentation to the state board, the Superintendent
23shall hold a minimum of two public meetings pursuant to the
24Bagley-Keene Open Meeting Act (Article 9 (commencing with
25Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
26the Government Code) in order for the public to provide input
27regarding the work of the group of experts to update, revise, and
28align the English language development standards.

29(f) On or before August 1, 2015, the state board shall adopt or
30reject the Superintendent’s recommendations for the alignment of
31the English language development standards adopted pursuant to
32Section 60811 with the state board-approved academic content
33standards for mathematics and literacy in science adopted pursuant
34to Section 60605.8.

35(g) The Superintendent and the state board shall present to the
36Governor and the appropriate policy and fiscal committees of the
37Legislature a schedule and implementation plan for integrating the
38English language development standards adopted pursuant to this
39section into the state public education system, including, but not
P5    1limited to, incorporating the standards into the English language
2development test.

3(h) It is the intent of the Legislature that the department consider
4the work of the group of experts convened pursuant to subdivision
5(b) when developing any new English language proficiency
6assessments.

7(i) The department shall use federal carryover funds received
8pursuant to Title I of the federal No Child Left Behind Act of 2001
9(20 U.S.C. Sec. 6301 et seq.) to implement this section.

10(j) This section shall become inoperative on July 1, 2016, and,
11as of January 1, 2017, is repealed, unless a later enacted statute,
12that becomes operative on or before January 1, 2017, deletes or
13extends the dates on which it becomes inoperative and is repealed.



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