BILL NUMBER: SB 542 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wyland
FEBRUARY 22, 2013
An act to amend Section 52164.1 313
of the Education Code, relating to pupil instruction.
LEGISLATIVE COUNSEL'S DIGEST
SB 542, as amended, Wyland. Pupil instruction: census of
pupils of limited English proficiency. English
learners: reclassification.
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.
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.
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.
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.
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.
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.
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
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 313 of the Education
Code is amended to read:
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 annually, annually
thereafter, during a period of time determined by the Superintendent
and the state board. The annual assessments shall continue until the
pupil is redesignated reclassified 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.
(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:
(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.
(ii) The score of intermediate or above on all portions of the
California English Language Development Test.
(iii) A 3.0 grade point average at the end of the school year.
(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.
(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.
(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.
(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 redesignated
reclassified 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 (1),
(2), 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 (1),
(2), the initial assessment of the pupil shall
be conducted as part of the annual assessment conducted pursuant to
paragraph (1). (2).
(4) Notwithstanding paragraph (1), (2),
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.
SEC. 2. 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.
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).