BILL NUMBER: SB 1174	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lara

                        FEBRUARY 20, 2014

   An act to repeal Chapter 3 (commencing with Section 300) of Part 1
of Division 1 of Title 1 of the Education Code, relating to English
language education.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1174, as introduced, Lara. English language education.
   (1) Existing law, as added by Proposition 227, a measure approved
by the voters at the June 2, 1998, statewide primary election,
requires, among other things, that all children in California public
schools be taught English by being taught in English. Proposition 227
specifies that English learner pupils, as defined, be educated
through sheltered English immersion, as defined, during a temporary
transition period not normally intended to exceed one year.
Proposition 227 further provides that its requirements relating to
sheltered English immersion instruction may be waived with the prior
written consent of a pupil's parent or legal guardian, as specified.
Proposition 227 also encourages family members and others to provide
personal English language tutoring to English learner pupils.
   Proposition 227 also specifies that a pupil's parent or legal
guardian has standing to sue for enforcement of its provisions and,
if successful, to receive normal and customary attorney's fees and
actual damages, but not punitive or consequential damages.
Proposition 227 further provides that school board members, other
elected officials, and public school teachers or administrators who
wilfully and repeatedly refuse to implement its provisions may be
held personally liable for fees and actual damages by a pupil's
parent or legal guardian.
   This bill would repeal Proposition 227.
   (2) The California Constitution authorizes the Legislature to
amend or repeal an initiative statute by another statute that becomes
effective when approved by the electors.
   This bill would provide that it would become effective only upon
approval of the voters, and would require the Secretary of State to
submit this measure to the voters for approval at a statewide
election.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 3 (commencing with Section 300) of Part 1 of
Division 1 of Title 1 of the Education Code is repealed.
  SEC. 2.  Section 1 of this act repeals Proposition 227, an
initiative statute that was approved by the voters at the June 2,
1998, statewide primary election, and shall become effective only
when submitted to, and approved by, the voters. The Secretary of
State shall submit Section 1 of this act for approval by the voters
at a statewide election in accordance with Section 9040 of the
Elections Code.