Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 970

Introduced by Assembly Member Alejo

February 22, 2013

An act to begin delete amend Section 52177 of end delete begin insert add Section 314 to end insert the Education Code, relating to begin delete bilingual education end delete begin insert English language education end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 970, as amended, Alejo. begin delete Bilingual education. end delete begin insert Pupils: limited English proficiency. end insert

begin insert

Existing law requires each school district, county office of education, and charter school, as provided, that has one or more pupils who are English learners to assess the English language development of each pupil in order to determine the level of proficiency.

end insert begin insert

This bill would require the Superintendent of Public Instruction to perform certain tasks relating to pupils of limited English proficiency, including ensuring that all schools and school districts provide each pupil of limited English proficiency with an educational opportunity that is equal to the opportunities available to English-speaking pupils.

end insert begin delete

The Chacon-Moscone Bilingual-Bicultural Education Act of 1976 requires the Superintendent of Public Instruction to ensure certain aspects of bilingual education, including that sufficient bilingual personnel are available within the State Department of Education, as provided, using funds appropriated for these purposes. Under existing law, these provisions became inoperative on June 30, 1987.

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This bill would make nonsubstantive changes to this law.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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   

Section 314 is added to the Education Code, immediately following Section 313.5, to read:

begin insert 314. end insert   

With respect to pupils of limited English proficiency, the
Superintendent shall perform certain tasks, including, but not
limited to, all of the following:

(a) Ensuring that all schools and school districts provide each
pupil of limited English proficiency with an educational opportunity
that is equal to educational opportunities available to
English-speaking pupils.

(b) Administering, reviewing, monitoring, and evaluating the
use of state or federal funds allocated to school districts that have
been wholly or partially allocated on the basis of the educational
needs of the pupils who are limited English proficient to ensure
that use of the funds are consistent with state and federal mandates
and sound educational policy.

(c) Monitoring pupil performance and intervening when school
districts do not meet state, district, or school plans as required by,
or submitted in compliance with, state or federal law.

(d) Ensuring that all school districts where pupils of limited
English proficiency are enrolled are reviewed through an onsite
technical assistance, monitoring, and enforcement process at least
once every three years.

end insert

begin delete

SECTION 1.  

Section 52177 of the Education Code is amended
to read:

52177.  

Out of funds appropriated for these purposes, the
superintendent shall administer this article. The responsibilities of
the superintendent in administering this article shall include, but
are not limited to, ensuring all of the following:

(a) Sufficient bilingual personnel are available within the
department with familiarity, competency, and proficiency in
bilingual-crosscultural instruction to meet the needs of this article
and to administer, review, monitor, and evaluate the use of state
or federal categorical aid funds allocated to local districts that have
been wholly or partially allocated on the basis of the educational
needs of pupils of limited-English proficiency.

(b) Department personnel responsible for the administration,
review, monitoring, or evaluation of programs operating pursuant
to this article have been sufficiently trained to carry out the intent
of this article to meet the needs of the pupil of limited-English
proficiency.

(c) There is within the department an administrative unit
responsible for bilingual-bicultural educational programs and
policies through which the superintendent shall carry out his or
her functions pursuant to this article.

(d) Districts are providing each pupil of limited-English
proficiency with an educational opportunity equal to that available
to English-speaking pupils, making appropriate use of local and
state general funds to provide bilingual-crosscultural teachers and
other required services, and an annual report is made to the
Legislature regarding the extent to which this article has been
implemented by school districts throughout the state. All districts
in which pupils of limited-English proficiency are enrolled shall
be reviewed through an onsite technical assistance, monitoring,
and enforcement process at least once every three years.

end delete

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CORRECTIONS:

Text--Page 2.

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