BILL NUMBER: SB 542 INTRODUCED
BILL TEXT
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 superintendent
Superintendent , with the approval of the State Board
of Education state board , 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 new pupils
a pupil shall be determined as they
enroll when the pupil enrolls . Once determined,
the primary language need not be redetermined unless the pupil'
s 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 as pupils
enroll when a pupil enrolls in the school
district, shall determine whether such pupils are
a pupil is fluent in English or are
is a pupil of limited English proficiency.
(c) (1) For those pupils
a pupil 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.
(A)
(2) A diagnostic assessment in
the language designated for basic skills instruction measuring
speaking, comprehension, reading, and writing, shall be administered
for instructional use at the school district level.
Such The diagnostic assessment shall be
updated as necessary to provide a curriculum meeting the individual
needs of each pupil of limited English proficiency.
If
(3) If the assessment conducted
pursuant to this subdivision indicates that the pupil has no
does not have proficiency in the
his or her primary language, further assessment
of the pupil's primary language skills , 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 , shall be
conducted. If this detailed assessment indicates that the pupil
has no does not have proficiency in his
or her primary language, then the pupil is not entitled to the
protection of this article.
The
(4) The diagnostic assessment
process shall be completed within 90 days after the date of the pupil'
s initial enrollment , and shall be performed in
accordance with rules and regulations adopted by the state
board.
The
(5) The parent or guardian of the
pupil shall be notified of the results of the assessment. The
Department of Education department
shall conduct an equivalency study of all language proficiency tests
designated for the identification of pupils of limited English
proficiency to insure ensure uniformity
of language classifications and to insure the
reliability and validity of such the
tests. Tests, materials, and procedures to determine proficiency
shall be selected to meet psychometric standards and shall be
administered so as not to be racially, culturally, or sexually
discriminatory.
The Department of Education
(6) The department shall annually
evaluate the adequacy of and designate the instruments to be used by
school districts, and such the
instruments shall be available by March 15 of each year.
The assessments
(7) The assessments shall be
conducted by persons a person who
speak speaks and understand
understands English and the primary language of
the pupils pupil assessed, who
are is adequately trained and prepared to
evaluate cultural and ethnic factors, and who shall follow
follows procedures formulated by the
superintendent Superintendent to determine which
pupils are pupils of limited English proficiency, as defined in
subdivision (m) of Section 52163. A school district may require
that the assessment to be conducted by
persons a person who hold
holds a valid , regular
California teaching credential and who meet
meets the other qualifications specified in this paragraph. The
superintendent Superintendent may
waive the requirement that the assessment be conducted by
persons a person who can speak and understand
the pupil's primary language where the primary language is spoken by
a small number of pupils , and the school
district certifies that it is unable to comply. This certification
shall be accompanied by a statement from the school
district superintendent that the chairperson of the school
district advisory committee on bilingual education has been
consulted and was unable to assist in the effort to locate an
appropriate individuals person to
administer the assessment.
Any
(8) A school 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 such the procedures
are consistent with Section 52164, the school district
shall be exempt from the state census procedures described in
subdivisions (a) and (b).