Amended in Senate May 24, 2013

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.begin insert The bill would also require a school district that receives this supplemental funding to post certain contact information on its Internet Web site, as specified.end insert

(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 learners,
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, 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 begin delete include, but not
P3    1necessarily be limited to,end delete
begin insert include the requirements specified in
2subdivision (b) of Section 443 andend insert
all of the following:

3(1) A requirement that the information described in Section
454029 be posted on the school district’s Internet Web site.

begin delete

5(2) A listing of the services provided for English learners,
6categorized by proficiency level.

end delete
begin delete

7(3)

end delete

8begin insert(2)end insert A listing of the instructional materials provided for English
9 learners, categorized by proficiency level.

begin delete

10(4) Positions, credentials, and authorizations for each member
11of the school district or schoolsite staff assigned to English learners.

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.

end delete
begin insert

18(3) A description of how teacher induction programs and
19professional development programs will assist in meeting the
20annual measurable achievement objectives specified in paragraph
21(7).

end insert
begin delete

22(7)

end delete

23begin insert(4)end insert A calendar for the release of pupil data. The release of pupil
24data shall allow parents to make informed decisions in a timely
25manner.

begin delete

26(8) A plan for

end delete

27begin insert(5)end insertbegin insertend insertbegin insertA description ofend insert the monitoring of reclassified English
28learners and long-term English learners.

begin delete

29(9) Benchmarks for progress for English learners.

end delete
begin delete

30(10) A plan for the collection and publication of relevant data
31relating to English learners.

end delete
begin insert

32(6) The process and criteria for reclassification.

end insert
begin insert

33(7) Annual measurable achievement objectives, including, but
34not limited to:

end insert
begin insert

35(A) Academic Performance Index.

end insert
begin insert

36(B) High school graduation rate.

end insert
begin insert

37(C) Access to classes necessary for college admission.

end insert
begin insert

38(D) Academic content standards.

end insert
begin insert

39(8) A description of how the school district will meet the annual
40measurable achievement objectives specified in paragraph (7).

end insert
begin insert

P4    1(9) The collection and publishing of relevant data relating to
2English learners. The data shall be disaggregated by “English
3learner,” “long-term English learner,” “English learner at risk
4of becoming a long-term English learner,” and “reclassified
5English learner” status.

end insert

6(b) A master plan developed and adopted under this section
7shall be renewedbegin delete annuallyend deletebegin insert every three yearsend insert. In developing or
8renewing its master plan under this section, a school district shall
9seek input from teachers, principals, administrators, English learner
10advisory committees, schoolsite councils, and parents, both
11districtwide and from each school.

12(c) A master plan developed and adopted under this section
13shall be easily available to, and accessible by, the public.

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

15(1) Each school that receives supplemental funds for English
16learners under the Limited English Proficient Student Program
17shall establish a school English learner advisory committee
18composed of parents of English learners, English learner pupils,
19and staff working on English learner education.

20(2) Each school district that receives supplemental funds for
21English learners under the Limited English Proficient Student
22Program shall establish a district English learner advisory
23committee composed of members from the school English learner
24advisory committees established under paragraph (1).

25(e) Each school’s contribution to the master plan shall be
26submitted to, and reviewed and approved by, the school English
27learner advisory committee established under paragraph (1) of
28subdivision (d). A proposed school district master plan shall be
29submitted to, and reviewed and approved by, the district English
30learner advisory committee established under paragraph (2) of
31subdivision (d).

begin insert

32(f) A school district that receives supplemental funds for English
33learners under the Limited English Proficient Student Program
34shall post the contact information for its English learner program
35staff in an easily accessible location on its Internet Web site.

end insert
36

SEC. 2.  

Section 52852 of the Education Code is amended to
37read:

38

52852.  

(a) A schoolsite council shall be established at each
39school that participates in school-based program coordination. The
40council shall be composed of the principal and representatives of:
P5    1teachers selected by teachers at the school; other school personnel
2selected by other school personnel at the school; parents of pupils
3attending the school selected by such parents; and, in secondary
4schools, pupils selected by pupils attending the school.
5Commencing with the 2014-15 school year, a school to which this
6section applies that receives supplemental funds for English
7learners, including, but not limited to, economic impact aid
8pursuant to Article 2 (commencing with Section 54020) of Chapter
91 of Part 29, under the Limited English Proficient Student Program
10shall include parents and teachers of English learners on its
11schoolsite council.

12(b) (1) At the elementary level, the council shall be constituted
13to ensure parity between (A) the principal, classroom teachers,
14and other school personnel; and (B) parents or other community
15members selected by parents.

16(2) At the secondary level the council shall be constituted to
17ensure parity between (A) the principal, classroom teachers, and
18other school personnel; and (B) equal numbers of parents, or other
19community members selected by parents, and pupils.

20(3) At both the elementary and secondary levels, classroom
21teachers shall comprise the majority of persons represented under
22subparagraph (A) of paragraph (1) and subparagraph (A) of
23paragraph (2).

24(c) Existing schoolwide advisory groups or school support
25groups may be utilized as the schoolsite council if those groups
26conform to this section.

27(d) The Superintendent shall provide several examples of
28selection and replacement procedures that may be considered by
29schoolsite councils.

30(e) An employee of a school who is also a parent or guardian
31of a pupil who attends a school other than the school of the parent’s
32or guardian’s employment is not disqualified by virtue of this
33employment from serving as a parent representative on the
34schoolsite council established for the school that his or her child
35or ward attends.



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