Amended in Assembly April 25, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 899

Introduced by Assembly Member Weber

February 22, 2013

An act to add begin delete and repeal Section 60811.3 end delete begin insert Section 60811.4 end insert of the Education Code, relating to academic content standards.

LEGISLATIVE COUNSEL’S DIGEST

AB 899, as amended, Weber. English language development standards: English learners begin insert : mathematics: science end insert .

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Existing law, which is to be repealed on July 1, 2013, requires the Superintendent of Public Instruction, in consultation with the state board, to update, revise, and align the English language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 begin insert , as provided end insert . begin delete 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. end delete

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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.

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This bill would reenact the provisions described above that are to be repealed on July 1, 2013.

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The

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begin insert This end insert bill would begin delete also end delete require the Superintendent, on or before January 1, 2015, to begin delete 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. end delete begin insert recommend modifications to the English language development standards to align with the state board-approved academic content standards for mathematics, and would authorize the Superintendent to recommend modifications to the English language development standards to align with the state board-approved science content standards, for adoption to the state board. end insert The bill would require the Superintendent begin insert and state board end insert , begin delete before the presentation to the state board, end delete to hold a minimum of 2 public meetings in order for the public to provide input regarding begin delete the work of the group of experts to update, revise, and align end delete begin insert any modifications to end insert the English language development standards.

The bill would begin delete also end delete 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 begin delete literacy in end delete science, as specified.

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

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 60811.4 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 60811.4. end insert   

(a) On or before January 1, 2015, the Superintendent
shall recommend to the state board modifications to the English
language development standards, adopted pursuant to Section
60811, to align with the academic content standards for
mathematics adopted by the state board pursuant to Section
60605.8. If the state board modifies the English language
development standards to align with the academic content
standards for mathematics, it shall explain, in writing, to the
Governor and the Legislature the reasons for the modification.
The Superintendent’s recommendations and the state board’s
actions shall assist schools in the implementation and application
of English language development standards in the mathematics
subject area.

(b) On or before January 1, 2015, the Superintendent may
recommend to the state board modifications to the English
language development standards, adopted pursuant to Section
60811, to align with the science content standards adopted by the
state board pursuant to Section 60605.85. If the state board
modifies the English language development standards to align
with the science content standards, it shall explain, in writing, to
the Governor and the Legislature the reasons for the modification.
The Superintendent’s recommendations and the state board’s
actions shall assist schools in the implementation and application
of English language development standards in the science subject
area.

(c) In carrying out subdivisions (a) and (b), the Superintendent
and the state board shall hold a minimum of two public meetings
pursuant to the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of the Government Code) in order for the
public to provide input regarding any modifications recommended
pursuant to this section.

(d) On or before August 1, 2015, the state board shall do both
of the following:

(1) Adopt or reject the Superintendent’s recommendations for
the alignment of the English language development standards
adopted pursuant to Section 60811 with the state board-approved
academic content standards for mathematics adopted pursuant to
Section 60605.8.

(2) Adopt or reject the Superintendent’s recommendations for
the alignment of the English language development standards
adopted pursuant to Section 60811 with the state board-approved
academic content standards for science adopted pursuant to
Section 60605.85.

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SECTION 1.  

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

60811.3.  

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

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

(c) On or before August 31, 2012, the Superintendent shall
present the updated, revised, and aligned English language
development standards, based on the work of the group of experts
convened pursuant to subdivision (b), to the state board. Before
the presentation to the state board, the Superintendent shall hold
a minimum of two public meetings pursuant to the Bagley-Keene
Open Meeting Act (Article 9 (commencing with Section 11120)
of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
Code) 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.

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

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

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

(e) On or before January 1, 2015, the Superintendent shall
present the English language development standards aligned to
academic content standards for mathematics and literacy in science
adopted pursuant to Section 60605.8, based on the work of the
group of experts convened pursuant to subdivision (b), to the state
board. Before the presentation to the state board, the Superintendent
shall hold a minimum of two public meetings pursuant to the
Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code) 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.

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

(g) The Superintendent and the state board shall 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 this
section into the state public education system, including, but not
limited to, incorporating the standards into the English language
development test.

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

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

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

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