Amended in Senate April 1, 2013

Senate Bill No. 542

Introduced by Senator Wyland

February 22, 2013

An act to amend Section begin delete 52164.1 end delete begin insert 313 end insert of the Education Code, relating to pupil instruction.

LEGISLATIVE COUNSEL’S DIGEST

SB 542, as amended, Wyland. begin delete Pupil instruction: census of pupils of limited English proficiency. end delete begin insert English learners: reclassification. end insert

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Existing law requires each school district that has one or more pupils who are English learners and, to the extent required by federal law, a county office of education and a charter school to assess the English language development of each of those pupils in order to determine their level of proficiency. Existing law requires annual assessments to continue until a pupil is redesignated as English proficient and requires the assessment to utilize primarily the English language development test identified or developed by the Superintendent of Public Instruction pursuant to specified provisions.

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The Leroy Greene California Assessment of Academic Achievement Act requires school districts, charter schools, and county offices of education to administer to each of their pupils in grades 2 to 11, inclusive, certain achievement tests, including the standards-based achievement tests that are part of the Standardized Testing and Reporting (STAR) Program.

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This bill would require that a pupil in any of grades 3 to 11, inclusive, be eligible to be reclassified as fluent English proficient if the pupil attains the proficient level of performance on the English language arts STAR test, a score of intermediate or above on all portions of the California English Language Development Test, and a 3.0 grade point average at the end of the school year, and, upon attainment of these requirements, would require the pupil to be reclassified as fluent English proficient upon verified approval submitted by the pupil’s parent or legal guardian. To the extent this bill would require local educational agencies to perform additional duties regarding the reclassification of English learners, the bill would impose a state-mandated local program.

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The bill would authorize a school district to continue to receive state funding designated for its English learners for up to 2 years after the pupil has been reclassified as fluent English proficient, and would state the intent of the Legislature that the school district use the funding for the purpose of monitoring pupils who have been reclassified as fluent English proficient for up to 2 years. The bill also would correct some cross-references.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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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.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 313 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

313.  

(a) Each school district that has one or more pupils who
are English learners and, to the extent required by federal law,
each county office of education and each charter school shall assess
the English language development of each pupil in order to
determine the level of proficiency for purposes of this chapter.

(b) The department, with the approval of the state board, shall
establish procedures for conducting the assessment required
pursuant to subdivision (a) and for the reclassification of a pupil
from English learner to English proficient.

(c) Commencing with the 2000-01 school year until subdivision
(d) is implemented, the assessment shall be conducted upon initial
enrollment, and begin delete annually, end delete begin insert annually end insert thereafter, during a period of
time determined by the Superintendent and the state board. The
annual assessments shall continue until the pupil is begin delete redesignated end delete
begin insert reclassified end insert as English proficient. The assessment shall primarily
utilize the English language development test identified or
developed by the Superintendent pursuant to Chapter 7
(commencing with Section 60810) of Part 33 of Division 4 of Title
2.

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(1) (A) A pupil in any of grades 3 to 11, inclusive, shall be
eligible to be reclassified as fluent English proficient if the pupil
attains all of the following:

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(i) The proficient level of performance on the English language
arts test administered pursuant to Article 4 (commencing with
Section 60640) of Chapter 5 of Part 33 of Division 4 of Title 2.

end insert begin insert

(ii) The score of intermediate or above on all portions of the
California English Language Development Test.

end insert begin insert

(iii) A 3.0 grade point average at the end of the school year.

end insert begin insert

(B) Upon attaining the requirements of subparagraph (A), a
pupil shall be reclassified as fluent English proficient upon verified
approval submitted by the pupil’s parent or legal guardian.

end insert begin insert

(2) (A) A school district may continue to receive state funding
designated for its English learners for up to two years after the
pupil has been reclassified as fluent English proficient.

end insert begin insert

(B) It is the intent of the Legislature that the school district use
the funding pursuant to this paragraph for the purpose of
monitoring pupils who have been reclassified as fluent English
proficient for up to two years.

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(d) (1) This subdivision shall not be implemented unless and
until the department receives written documentation from the
United States Department of Education that federal law permits
the implementation of the changes set forth in this subdivision or
until the 2013-14 school year, whichever occurs later.

(2) The assessment shall be conducted annually during a period
that commences on the day upon which 55 percent of the
instructional year is completed through July 1 of that calendar
year. Annual assessments shall continue until the pupil is
begin delete redesignated end delete begin insert reclassified end insert as English proficient. The annual
assessment shall primarily utilize the English language
development test identified or developed by the Superintendent
pursuant to Chapter 7 (commencing with Section 60810) of Part
33 of Division 4 of Title 2.

(3) The assessment shall be conducted upon the initial
enrollment of a pupil in order to provide information to be used
to determine if the pupil is an English learner.

(A) If the initial enrollment of a pupil occurs on a date outside
of the testing period identified pursuant to paragraph begin delete (1), end delete begin insert (2), end insert the
prior year’s annual assessment for the grade in which the pupil is
enrolling shall be used for this purpose.

(B) If the initial enrollment of a pupil occurs on a date within
the testing period identified pursuant to paragraph begin delete (1), end delete begin insert (2), end insert the
initial assessment of the pupil shall be conducted as part of the
annual assessment conducted pursuant to paragraph begin delete (1). end delete begin insert (2). end insert

(4) Notwithstanding paragraph begin delete (1), end delete begin insert (2), end insert a school district shall
assess the English language development of a pupil pursuant to
this section no more than one time per school year.

(e) The assessments conducted pursuant to subdivision (d) shall
be conducted in a manner consistent with federal statutes and
regulations.

(f) The reclassification procedures developed by the department
shall utilize multiple criteria in determining whether to reclassify
a pupil as proficient in English, including, but not limited to, all
of the following:

(1) Assessment of language proficiency using an objective
assessment instrument, including, but not limited to, the English
language development test that is developed or acquired pursuant
to Section 60810.

(2) Teacher evaluation, including, but not limited to, a review
of the pupil’s curriculum mastery.

(3) Parental opinion and consultation.

(4) Comparison of the performance of the pupil in basic skills
against an empirically established range of performance in basic
skills based upon the performance of English proficient pupils of
the same age, that demonstrates whether the pupil is sufficiently
proficient in English to participate effectively in a curriculum
designed for pupils of the same age whose native language is
English.

(g) This section does not preclude a school district or county
office of education from testing English learners more than once
in a school year if the school district or county office of education
chooses to do so.

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begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 52164.1 of the Education Code is
amended to read:

52164.1.  

The Superintendent, with the approval of the 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 a pupil
shall be determined 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 when a pupil enrolls in the school
district, shall determine whether a pupil is fluent in English or is
a pupil of limited English proficiency.

(c) (1) For 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.

(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. The diagnostic assessment shall be updated as
necessary to provide a curriculum meeting the individual needs of
each pupil of limited English proficiency.

(3) If the assessment conducted pursuant to this subdivision
indicates that the pupil does not have proficiency in 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 does not have proficiency in his or her primary language,
then the pupil is not entitled to the protection of this article.

(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.

(5) The parent or guardian of the pupil shall be notified of the
results of the assessment. The department shall conduct an
equivalency study of all language proficiency tests designated for
the identification of pupils of limited English proficiency to ensure
uniformity of language classifications and the reliability and
validity of 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.

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

(7) The assessments shall be conducted by a person who speaks
and understands English and the primary language of the pupil
assessed, who is adequately trained and prepared to evaluate
cultural and ethnic factors, and who follows procedures formulated
by the Superintendent to determine which pupils are pupils of
limited English proficiency, as defined in subdivision (m) of
Section 52163. A school district may require the assessment to be
conducted by a person who holds a valid California teaching
credential and who meets the other qualifications specified in this
paragraph. The Superintendent may waive the requirement that
the assessment be conducted by 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 person to
administer the assessment.

(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
the procedures are consistent with Section 52164, the school district
shall be exempt from the state census procedures described in
subdivisions (a) and (b).

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