Senate Bill No. 542

Introduced by Senator Wyland

February 22, 2013

An act to amend Section 52164.1 of the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 542, as introduced, Wyland. Pupil instruction: census of pupils of limited English proficiency.

Existing law requires each school district to ascertain the total number of pupils of limited English proficiency within the school district, and requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to prescribe census-taking methods that include, among other things, an assessment of the language skills of each pupil enrolled in the school district.

This bill would make nonsubstantive changes to these provisions.

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

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

SECTION 1.  

Section 52164.1 of the Education Code is
amended to read:

52164.1.  

The begin delete superintendent end delete begin insert Superintendent end insert , with the approval
of the begin delete State Board of Education end delete begin insert state board end insert , shall prescribe
census-taking methods, applicable to all school districts in the
state, which shall include, but need not be limited to, the following:

(a) A determination of the primary language of each pupil
enrolled in the school district. The primary language of begin delete new pupils end delete
begin insert a pupil end insert shall be determined begin delete as they enroll end delete begin insert when the pupil enrolls end insert .
Once determined, the primary language need not be redetermined
unless the begin insert pupil’s end insert parent or guardian claims there is an error. Home
language determinations are required only once, unless the results
are disputed by a parent or guardian.

(b) An assessment of the language skills of all pupils whose
primary language is other than English. All the skills listed in
subdivision (m) of Section 52163 shall be assessed, except that
reading and writing skills need not be assessed for pupils in
kindergarten and grades 1 and 2. For those pupils who, on the basis
of oral language proficiency alone, are clearly limited English
proficient, assessment of reading and writing skills shall be
necessary only to the extent required by subdivision (c). This
assessment, which shall be made begin delete as end delete begin delete pupils enroll end delete begin insert when a pupil
enrolls end insert in the begin insert school end insert district, shall determine whether begin delete such pupils
are end delete begin insert a pupil is end insert fluent in English or begin delete are end delete begin insert is a pupil end insert of limited English
proficiency.

(c)  begin insert (1) end insert begin insert   end insert For begin delete those pupils end delete begin insert a pupil end insert identified as being of limited
English proficiency, a further assessment shall be made to
determine the pupil’s primary language proficiency, including
speaking, comprehension, reading, and writing, to the extent
assessment instruments are available. Parallel forms of the
instruments used to determine English proficiency shall be used,
if available. The results of the parallel assessment shall determine
the extent and sequence in which English and the primary language
will be used in the instruction of basic skills.

begin delete

(A)

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert diagnostic assessment in the language designated for basic
skills instruction measuring speaking, comprehension, reading,
and writing, shall be administered for instructional use at the begin insert school end insert
district level. begin delete Such end delete begin insert The end insert diagnostic assessment shall be updated as
necessary to provide a curriculum meeting the individual needs of
each pupil of limited English proficiency.

begin delete

If

end delete

begin insert (3) end insert begin insert   end insert begin insert If end insert the assessment conducted pursuant to this subdivision
indicates that the pupil begin delete has no end delete begin insert does not have end insert proficiency in begin delete the end delete begin insert his
or her end insert primary language, further assessment of the pupil’s primary
language skills begin insert , end insert including consultation with the pupil’s parents or
guardians, the classroom teacher, the pupil, or others who are
familiar with the pupil’s language ability in various environments begin insert , end insert
shall be conducted. If this detailed assessment indicates that the
pupil begin delete has no end delete begin insert does not have end insert proficiency in his or her primary
language, then the pupil is not entitled to the protection of this
article.

begin delete

The

end delete

begin insert (4) end insert begin insert   end insert begin insert The end insert diagnostic assessment process shall be completed within
90 days after the date of the pupil’s initial enrollment begin insert , end insert and shall
be performed in accordance with rules and regulations adopted by
the begin insert state end insert board.

begin delete

The

end delete

begin insert (5) end insert begin insert   end insert begin insert The end insert parent or guardian of the pupil shall be notified of the
results of the assessment. The begin delete Department of Education end delete begin insert department end insert
shall conduct an equivalency study of all language proficiency
tests designated for the identification of pupils of limited English
proficiency to begin delete insure end delete begin insert ensure end insert uniformity of language classifications
and begin delete to insure end delete the reliability and validity of begin delete such end delete begin insert the end insert tests. Tests,
materials, and procedures to determine proficiency shall be selected
to meet psychometric standards and begin insert shall be end insert administered so as
not to be racially, culturally, or sexually discriminatory.

begin delete

The Department of Education

end delete

begin insert (6) end insert begin insert   end insert begin insert The department end insert shall annually evaluate the adequacy of and
designate the instruments to be used by school districts, and begin delete such end delete
begin insert the end insert instruments shall be available by March 15 of each year.

begin delete

The assessments

end delete

begin insert (7) end insert begin insert   end insert begin insert The assessments end insert shall be conducted by begin delete persons end delete begin insert a person end insert
who begin delete speak end delete begin insert speaks end insert and begin delete understand end delete begin insert understands end insert English and the
primary language of the begin delete pupils end delete begin insert pupil end insert assessed, who begin delete are end delete begin insert is end insert
adequately trained and prepared to evaluate cultural and ethnic
factors, and who begin delete shall follow end delete begin insert follows end insert procedures formulated by
the begin delete superintendent end delete begin insert Superintendent end insert to determine which pupils are
pupils of limited English proficiency, as defined in subdivision
(m) of Section 52163. A school district may require begin delete that end delete the
assessment begin insert to end insert be conducted by begin delete persons end delete begin insert a person end insert who begin delete hold end delete begin insert holds end insert
a valid begin delete , regular end delete California teaching credential and who begin delete meet end delete begin insert meets end insert
the other qualifications specified in this paragraph. The
begin delete superintendent end delete begin insert Superintendent end insert may waive the requirement that the
assessment be conducted by begin delete persons end delete begin insert a person end insert who can speak and
understand the pupil’s primary language where the primary
language is spoken by a small number of pupils begin insert , end insert and the begin insert school end insert
district certifies that it is unable to comply. This certification shall
be accompanied by a statement from the begin insert school end insert district
superintendent that the chairperson of the begin insert school end insert district advisory
committee on bilingual education has been consulted and was
unable to assist in the effort to locate begin insert an end insert appropriate begin delete individuals end delete
begin insert person end insert to administer the assessment.

begin delete

Any

end delete

begin insert (8) end insert begin insert   end insert begin insert A school end insert district may elect to follow federal census
requirements provided that the language skills described in
subdivision (m) of Section 52163 are assessed, and provided that
begin delete such end delete begin insert the end insert procedures are consistent with Section 52164, the begin insert school end insert
district shall be exempt from the state census procedures described
in subdivisions (a) and (b).