BILL NUMBER: SB 344 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2013
INTRODUCED BY Senator Padilla
FEBRUARY 20, 2013
An act to amend Section 52852 of, and to add Section
313.6 41976.3 to , the
Education Code, relating to English learners.
LEGISLATIVE COUNSEL'S DIGEST
SB 344, as amended, Padilla. English learner services:
effectiveness: report. learners: supplemental funding:
school district master plan s.
Existing
(1) Existing 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.
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.
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.
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.
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.
(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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41976.3 is added to the
Education Code , to read:
41976.3. (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).
SEC. 2. Section 52852 of the
Education Code is amended to read:
52852. (a) A schoolsite council shall be
established at each school which that
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. 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.
At
(b) (1) At
the elementary level , the council shall be constituted to
ensure parity between (a) (A) the
principal, classroom teachers , and other school
personnel; and (b) (B) parents or other
community members selected by parents.
At
(2) At the secondary level the
council shall be constituted to ensure parity between (a)
(A) the principal, classroom teachers ,
and other school personnel; and (b) (B)
equal numbers of parents, or other community members selected
by parents, and pupils.
At
(3) At both the elementary and
secondary levels, classroom teachers shall comprise the majority of
persons represented under category (a)
subparagraph (A) of paragraph (1) and subparagraph (A) of paragraph
(2) .
Existing
(c) Existing schoolwide advisory
groups or school support groups may be utilized as the schoolsite
council if those groups conform to this section.
The
(d) The Superintendent
of Public Instruction shall provide several examples of
selection and replacement procedures that may be considered by
schoolsite councils.
An
(e) An 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 ,
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.
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.