Amended in Senate May 8, 2013

Amended in Senate April 17, 2013

Senate BillNo. 344


Introduced by Senator Padilla

February 20, 2013


An act to amend Section 52852 of, and to add Section 41976.3 to, the Education Code, relating to English learners.

LEGISLATIVE COUNSEL’S DIGEST

SB 344, as amended, Padilla. English learners: supplemental funding: school district master plans.

(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 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.

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

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

P2    1

SECTION 1.  

Section 41976.3 is added to the Education Code,
2to read:

3

41976.3.  

(a) Commencing with the 2014-15 fiscal year, as a
4condition for receiving supplemental funds for English learnersbegin insert,
5including, but not limited to, economic impact aid pursuant to
6Article 2 (commencing with Section 54020) of Chapter 1 of Part
729 of Division 4, end insert
under the Limited English Proficient Student
8Program, a school district that applies to the department for these
9funds shall adopt a master plan for how those supplemental funds
10will be spent. The master plan shall cover expenditures from these
11supplemental funds by the school district at each affected school
12within the district. The master plan shall include, but not
13necessarily be limited to, all of the following:

14(1) A requirement that the information described in Section
1554029 be posted on the school district’s Internet Web site.

P3    1(2) A listing of the services provided for Englishbegin delete learners and
2for a program of compensatory education within the meaning of
3Section 54403,end delete
begin insert learners,end insert categorized by proficiency level.

4(3) A listing of the instructional materials provided for English
5begin deletelearners and for a program of compensatory education within the
6meaning of Section 54403,end delete
begin insert learners,end insert categorized by proficiency
7level.

8(4) begin deleteNames, positions, end deletebegin insertPositions, end insertcredentials, and authorizations
9for each member of the school district or schoolsite staff assigned
10to English begin deletelearners or to programs of compensatory education
11within the meaning of Section 54403.end delete
begin insert learners. end insert

12(5) A professional development plan for school district and
13schoolsite staff, including principals, administrators, teachers, and
14volunteers.

15(6) A description of how the school district and each school
16 within the school district will engage and involve parents in the
17education of English learner pupils.

18(7) A calendar for the release of pupil data. The release of pupil
19data shall allow parents to make informed decisions in a timely
20manner.

21(8) A plan for the monitoring of reclassified English learners
22and long-term English learners.

23(9) Benchmarks for progress for Englishbegin delete learners and state
24compensatory education.end delete
begin insert learners.end insertbegin insert end insert

25(10) A plan for the collection and publication of relevant data
26relating to Englishbegin delete learners and state compensatory education.end delete
27begin insert learners. end insert

28(b) A master plan developed and adopted under this section
29shall be renewed annually. In developing or renewing its master
30plan under this section, a school district shall seek input from
31teachers, principals, administrators, English learner advisory
32committees, schoolsite councils, and parents, both districtwide and
33from each school.

34(c) A master plan developed and adopted under this section
35shall be easily available to, and accessible by, the public.

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

37(1) Each school that receives supplemental funds for English
38learners under the Limited English Proficient Student Program
39shall establish a school English learner advisory committee
P4    1composed of parents of English learners, English learner pupils,
2and staff working on English learner education.

3(2) Each school district that receives supplemental funds for
4English learners under the Limited English Proficient Student
5Program shall establish a district English learner advisory
6committee composed of members from the school English learner
7advisory committees established under paragraph (1).

8(e) Each school’s contribution to the master plan shall be
9submitted to, and reviewed and approved by, the school English
10learner advisory committee established under paragraph (1) of
11subdivision (d). A proposed school district master plan shall be
12submitted to, and reviewed and approved by, the district English
13learner advisory committee established under paragraph (2) of
14subdivision (d).

15

SEC. 2.  

Section 52852 of the Education Code is amended to
16read:

17

52852.  

(a) A schoolsite council shall be established at each
18school that participates in school-based program coordination. The
19council shall be composed of the principal and representatives of:
20teachers selected by teachers at the school; other school personnel
21selected by other school personnel at the school; parents of pupils
22attending the school selected by such parents; and, in secondary
23schools, pupils selected by pupils attending the school.
24Commencing with the 2014-15 school year, a school to which this
25section applies that receives supplemental funds for English
26learnersbegin insert, including, but not limited to, economic impact aid
27pursuant to Article 2 (commencing with Section 54020) of Chapter
281 of Part 29end insert
begin insert,end insert under the Limited English Proficient Student Program
29shall include parents and teachers of English learners on its
30schoolsite council.

31(b) (1) At the elementary level, the council shall be constituted
32to ensure parity between (A) the principal, classroom teachers,
33and other school personnel; and (B) parents or other community
34members selected by parents.

35(2) At the secondary level the council shall be constituted to
36ensure parity between (A) the principal, classroom teachers, and
37other school personnel; and (B) equal numbers of parents, or other
38community members selected by parents, and pupils.

39(3) At both the elementary and secondary levels, classroom
40teachers shall comprise the majority of persons represented under
P5    1subparagraph (A) of paragraph (1) and subparagraph (A) of
2paragraph (2).

3(c) Existing schoolwide advisory groups or school support
4groups may be utilized as the schoolsite council if those groups
5conform to this section.

6(d) The Superintendent shall provide several examples of
7selection and replacement procedures that may be considered by
8schoolsite councils.

9(e) An employee of a school who is also a parent or guardian
10of a pupil who attends a school other than the school of the parent’s
11or guardian’s employment is not disqualified by virtue of this
12employment from serving as a parent representative on the
13schoolsite council established for the school that his or her child
14or ward attends.



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