Amended in Senate April 17, 2013

Senate Bill No. 344

Introduced by Senator Padilla

February 20, 2013

An act to begin insert amend Section 52852 of, and to end insert add Section begin delete 313.6 end delete begin insert 41976.3 end insert to begin insert , end insert the Education Code, relating to English learners.

LEGISLATIVE COUNSEL’S DIGEST

SB 344, as amended, Padilla. English begin delete learner services: effectiveness: report. end delete begin insert learners: supplemental funding: school district master plan end insert begin insert s. end insert

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert law, an initiative measure, requires that all children in public schools, with certain exceptions, be taught English by being taught in English, requires that all children be placed in English language classrooms, and requires that children who are English learners be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one year.

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Existing law, if specified conditions are met, requires the State Department of Education, 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 to the State Board of Education 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, and to issue an updated report by January 1, 2017.

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Existing federal law, the Limited English Proficient Student Program, provides supplemental funding to state educational agencies to provide grants to eligible local educational agencies for English learners.

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This bill, commencing with the 2014-15 fiscal year, would require, as a condition for receiving supplemental funds for English learners under the Limited English Proficient Student Program, a school district that applies to the State Department of Education for these funds to adopt a master plan for how those supplemental funds will be spent. The bill would require the master plan to cover expenditures of these supplemental funds by the school district and at each affected school within the district. The bill would specify the information to be included in the master plans. The bill would require school districts, in developing or renewing master plans under the bill, to seek input from teachers, principals, administrators, English learner advisory committees, schoolsite councils, and parents, both districtwide and from each school.

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The bill, commencing with the 2014-15 school year, would require schools and school districts receiving supplemental funding from the Limited English Proficient Student Program to establish advisory committees, with prescribed membership, to which proposed master plans would be submitted for review and approval.

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(2) Existing law, the School-Based Program Coordination Act, among other things, implements legislative intent to provide flexibility for schools and school districts to coordinate the categorical funds they receive. The act requires that a schoolsite council be established at each school that participates in school-based program coordination.

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This bill, commencing with the 2014-15 school year, would require a school that is required to establish a schoolsite council, and that receives supplemental funds for English learners under the Limited English Proficient Student Program, to include parents and teachers of English learners on its schoolsite council.

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This bill would require the Superintendent of Public Instruction, by January 1, 2016, and every 2 years thereafter, to evaluate the effectiveness of the English learner services provided by local educational agencies and, notwithstanding specified provisions of law, to report his or her findings to the Governor and the Legislature.

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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 41976.3 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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begin insert 41976.3. end insert   

(a) Commencing with the 2014-15 fiscal year, as a
condition for receiving supplemental funds for English learners
under the Limited English Proficient Student Program, a school
district that applies to the department for these funds shall adopt
a master plan for how those supplemental funds will be spent. The
master plan shall cover expenditures from these supplemental
funds by the school district at each affected school within the
district. The master plan shall include, but not necessarily be
limited to, all of the following:

(1) A requirement that the information described in Section
54029 be posted on the school district’s Internet Web site.

(2) A listing of the services provided for English learners and
for a program of compensatory education within the meaning of
Section 54403, categorized by proficiency level.

(3) A listing of the instructional materials provided for English
learners and for a program of compensatory education within the
meaning of Section 54403, categorized by proficiency level.

(4) Names, positions, credentials, and authorizations for each
member of the school district or schoolsite staff assigned to English
learners or to programs of compensatory education within the
meaning of Section 54403.

(5) A professional development plan for school district and
schoolsite staff, including principals, administrators, teachers,
and volunteers.

(6) A description of how the school district and each school
within the school district will engage and involve parents in the
education of English learner pupils.

(7) A calendar for the release of pupil data. The release of pupil
data shall allow parents to make informed decisions in a timely
manner.

(8) A plan for the monitoring of reclassified English learners
and long-term English learners.

(9) Benchmarks for progress for English learners and state
compensatory education.

(10) A plan for the collection and publication of relevant data
relating to English learners and state compensatory education.

(b) A master plan developed and adopted under this section
shall be renewed annually. In developing or renewing its master
plan under this section, a school district shall seek input from
teachers, principals, administrators, English learner advisory
committees, schoolsite councils, and parents, both districtwide
and from each school.

(c) A master plan developed and adopted under this section
shall be easily available to, and accessible by, the public.

(d) Commencing with the 2014-15 school year:

(1) Each school that receives supplemental funds for English
learners under the Limited English Proficient Student Program
shall establish a school English learner advisory committee
composed of parents of English learners, English learner pupils,
and staff working on English learner education.

(2) Each school district that receives supplemental funds for
English learners under the Limited English Proficient Student
Program shall establish a district English learner advisory
committee composed of members from the school English learner
advisory committees established under paragraph (1).

(e) Each school’s contribution to the master plan shall be
submitted to, and reviewed and approved by, the school English
learner advisory committee established under paragraph (1) of
subdivision (d). A proposed school district master plan shall be
submitted to, and reviewed and approved by, the district English
learner advisory committee established under paragraph (2) of
subdivision (d).

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begin insert

begin insert SEC. end insert begin insert 2. end insert   

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begin insert Section 52852 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

52852.  

begin insert (a) end insert begin insert   end insert A schoolsite council shall be established at each
school begin delete which end delete begin insert that end insert participates in school-based program
coordination. The council shall be composed of the principal and
representatives of: teachers selected by teachers at the school; other
school personnel selected by other school personnel at the school;
parents of pupils attending the school selected by such parents;
and, in secondary schools, pupils selected by pupils attending the
school. begin insert Commencing with the 2014-15 school year, a school to
which this section applies that receives supplemental funds for
English learners under the Limited English Proficient Student
Program shall include parents and teachers of English learners
on its schoolsite council. end insert

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At

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begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert At end insert the elementary level begin insert , end insert the council shall be constituted
to ensure parity between begin delete (a) end delete begin insert (A) end insert the principal, classroom teachers begin insert , end insert
and other school personnel; and begin delete (b) end delete begin insert (B) end insert parents or other community
members selected by parents.

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At

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begin insert (2) end insert begin insert   end insert begin insert At end insert the secondary level the council shall be constituted to
ensure parity between begin delete (a) end delete begin insert (A) end insert the principal, classroom teachers begin insert , end insert
and other school personnel; and begin delete (b) end delete begin insert (B) end insert equal numbers of parents,
or other community members selected by parents, and pupils.

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At

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begin insert (3) end insert begin insert   end insert begin insert At end insert both the elementary and secondary levels, classroom
teachers shall comprise the majority of persons represented under
begin delete category (a) end delete begin insert subparagraph (A) of paragraph (1) and subparagraph
(A) of paragraph (2) end insert .

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Existing

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begin insert (c) end insert begin insert   end insert begin insert Existing end insert schoolwide advisory groups or school support
groups may be utilized as the schoolsite council if those groups
conform to this section.

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The

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begin insert (d) end insert begin insert   end insert begin insert The end insert Superintendent begin delete of Public Instruction end delete shall provide
several examples of selection and replacement procedures that
may be considered by schoolsite councils.

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An

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begin insert (e) end insert begin insert   end insert begin insert An end insert employee of a school who is also a parent or guardian
of a pupil who attends a school other than the school of the parent’s
or guardian’s employment begin delete , end delete is not disqualified by virtue of this
employment from serving as a parent representative on the
schoolsite council established for the school that his or her child
or ward attends.

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SECTION 1.  

Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:

313.6.  

By January 1, 2016, and every two years thereafter, the
Superintendent shall evaluate the effectiveness of the English
learner services provided by local educational agencies and,
notwithstanding Section 10231.5 of the Government Code, shall
report his or her findings to the Governor and the Legislature.

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