BILL ANALYSIS Ó SB 1174 Page 1 SENATE THIRD READING SB 1174 (Lara) As Amended August 21, 2014 Majority vote SENATE VOTE :27-8 EDUCATION 5-2 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Buchanan, Gonzalez, |Ayes:|Gatto, Bocanegra, | | |Nazarian, Weber, Williams | |Bradford, | | | | |Ian Calderon, Campos, | | | | |Eggman, Gomez, Holden, | | | | |Pan, Quirk, | | | | |Ridley-Thomas, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Olsen, Chávez |Nays:|Bigelow, Donnelly, Jones, | | | | |Linder, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Amends and repeals various provisions of Proposition 227 of 1998, including repealing the requirement that all children be taught English by being taught in English and instead allows school districts and county offices of education, in consultation with language experts in the field and parents, to determine the best language instruction methods and language acquisition programs to implement. Specifically, this bill : 1)Establishes the California Education for a Global Economy Initiative (California Ed.G.E. Initiative), by renaming and amending the chapters relating to English Language Education for Immigrant Children, as established by Proposition 227. 2)Amends the findings and declarations of Proposition 227's English Language Education for Immigrant Children, including, in part, the following: a) Removes the declarations that public schools of California currently do a poor job of educating immigrant children, that these children can easily acquire full SB 1174 Page 2 fluency in a new language, such as English, if they are heavily exposed to that language in the classroom at an early age, and the declaration that suggests students be taught English as rapidly and effectively as possible. b) Makes findings and declarations relating to the importance and prevalence of multilingual and multi-literate persons as employees and citizens and recognizes the cognitive, economic, and long-term academic benefits of multilingualism and multi-literacy. c) Makes findings and declarations that address the desire of all parents to have their children master English and obtain a high quality education so that all children will be able to fully participate in the American dream of economic and social advancement; d) Recognizes California's opportunity to provide all parents with the choice to have their children educated to high standards in English and one or more additional languages and that parents now have the opportunity to participate in building innovative new language acquisition programs; 3)Resolves that by amending and repealing certain provisions of Proposition 227's English Language Education for Immigrant Children at the November 2016 general statewide election, the goal of voters to ensure that all children in California public schools receive the highest quality education, master the English language, and access high-quality, innovative, and research-based language programs will be realized. 4)Repeals the provisions of Proposition 227 that require all children in California public schools to be taught English by being taught in English, that children be placed in English language classrooms, and that children who are English learners be educated through sheltered English immersion during a temporary transition period until they are transitioned into English language mainstream classrooms. SB 1174 Page 3 5)Requires school districts and county offices of education, as a part of developing its local control and accountability plan (LCAP), to solicit input on and provide to pupils, effective and appropriate instructional methods for language acquisition programs. Requires a school district or county office of education, when establishing a language acquisition program, to consult with the proper school personnel, as specified. The language of the bill specifies that these requirements will ensure all pupils have access to the core academic content standards, including the English Language Development (ELD) standards, as applicable, and become proficient in English. 6)Requires, at a minimum, school districts and county offices of education to provide English learners (ELs) with a structured English immersion program, as specified for the purpose of ensuring EL students have access to the core academic content standards, including the ELD standards, as applicable, and become proficient in English. 7)Repeals the provision of Proposition 227 that permits schools to place ELs of different ages but whose degree of English proficiency is similar, in the same classroom. 8)Encourages local schools to provide opportunities for native English speaking pupils, as defined, to be instructed in another language and specifies that the non-English language should be at the discretion of the parents, community, and school, depending upon the linguistic and financial resources of the school community. 9)Deletes the definitions of "English language classroom," "English language mainstream classroom," "sheltered English immersion," and "bilingual education/native language instruction." 10)Defines "English learner" to mean a pupil who is "limited English proficient" as defined in the No Child Left Behind Act and "Native Speaker of English" to mean a pupil who has leaned SB 1174 Page 4 and used English in his or her home from early childhood and English has been his or her primary means of concept formation and communication in the home from early childhood. 11)Defines "Language Acquisition Programs" as educational programs designed to ensure English acquisition as rapidly and effectively as possible, and that provide instruction to pupils on the state-adopted academic content standards, including the ELD standards. This bill requires that the language acquisition programs provided to pupils pursuant to this section be informed by research and lead to a grade level proficiency and academic achievement in both English and another language. 12)Specifies that language acquisition programs may include dual language immersion programs, transitional or developmental programs for ELs, and structured English immersion programs for ELs, as defined. 13)Repeals the language relating to a parent or guardian's right to waive the provisions of the English language guarantees under existing law and the circumstances under which such a waiver may be granted. 14)Permits parents to choose the language acquisition model that best suits their child by requesting a specific language acquisition program, as specified, and then requires a school that receives requests on behalf of 20 pupils within any given grade or 30 or more pupils per school, offer that program, to the extent possible. 15)Repeals the language that gives the parents or guardians of a California school child who has been denied the option of an English language instructional curriculum in a public school legal standing to sue for enforcement of that right and makes a school board member or other elected official or public school teacher or administrator who willfully and repeatedly refuses to implement the terms of the statute personally liable for fees and actual damages. SB 1174 Page 5 16)Changes the requirements for statutorily amending the provisions of this act by removing the requirement that any amendment be to further the act's purpose and also changes the requirement that any such amendment be passed by a two-thirds vote of each house of the Legislature to a majority of each house of the Legislature. 17)Specifies that because sections of this bill amend or repeal provisions of Proposition 227, an initiative statute that was approved by the voters at the June 2, 1998, statewide primary election, these sections shall become effective on July 1, 2017, and only when submitted to, and approved by, the voters. 18)Requires the Secretary of State to submit those sections that amend or repeal provisions of Proposition 227, for approval by the voters at the November 2016 statewide general election, as specified. 19)Makes technical and clarifying amendments to these sections. EXISTING LAW : 1)Requires all children in California public schools to be taught English by being taught in English. 2)Requires that all children be placed in English language classrooms. 3)Requires ELs be educated through sheltered English immersion programs during a temporary transition period not normally intended to exceed one year. SB 1174 Page 6 4)Permits schools to place in the same classroom ELs of different ages but whose degree of English proficiency is similar. 5)Encourages local schools to mix together in the same classroom ELs from different native-language groups but with the same degree of English fluency. 6)Specifies that once ELs have acquired a good working knowledge of English, they shall be transferred to English language mainstream classrooms. 7)Allows the English-only and sheltered language programs to be waived with the prior written informed consent, to be provided annually, of the child's parents or legal guardian under specified circumstances. This consent requires that said parents or legal guardian personally visit the school to apply for the waiver and that they there be provided a full description of the educational materials to be used in the different educational program choices and all the educational opportunities available to the child. Under such parental waiver conditions, children may be transferred to classes where they are taught English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law. 8)Requires schools in which 20 pupils or more of a given grade level receive a waiver to offer such a class; otherwise, they must allow the pupils to transfer to a public school in which such a class is offered. 9)Identifies the right of each school child in California to be provided with an English language public education. SB 1174 Page 7 10)Specifies that if a California school child has been denied the option of an English language instructional curriculum in public school, the child's parent or legal guardian shall have legal standing to sue for enforcement of the provisions of this statute, and if successful, shall be awarded normal and customary attorney's fees and actual damages, but not punitive or consequential damages. Any school board member or other elected official or public school teacher or administrator who willfully and repeatedly refuses to implement the terms of this statute by providing such an English language educational option at an available public school to a California school child may be held personally liable for fees and actual damages by the child's parents or legal guardian. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)One-time General Fund costs in the range of $275,000 to $660,000 to the Secretary of State to place a measure on a statewide ballot. Costs average $55,000 to $66,000 per page and ballot measures range in length, generally around 10 pages. 2)One time General Fund costs of approximately $115,000, ongoing costs of approximately $48,000, for the CDE to revise guidance and oversight to ensure the state continues to meet federal requirements to provide certain services to English learners as a protected class. These costs include staff training, technical support to the field and updating materials. COMMENTS : In June of 1998, Proposition 227 was passed by 61% of the California electorate. The initiative was intended to significantly alter the ways in which the state's ELs are taught. Proposition 227 requires that ELs be taught "overwhelmingly in English" through sheltered/structured English immersion (SEI) programs during "a temporary transition period not normally intended to exceed one year," and then transferred to mainstream English-language classrooms. This bill recognizes our increased understanding of who California's ELs are and how we can better serve these, and all, students. This bill supports California's recognition of the value of biliteracy and reaffirms the commitment to shift decision making to local districts. SB 1174 Page 8 Nothing in this bill prohibits districts from continuing to offer SEI or English only instruction. Rather, it leaves the particular instructional program to the discretion of the district. Generally, there are four programs of language instruction that exist, with virtually countless blends and gradients within these programs. Within the English-only model there are two programs: the sheltered instruction program and the structured immersion program; within the Bilingual model there are two programs: dual language programs and transitional bilingual programs. Local Control Funding Formula (LCFF) This bill is consistent with the underlying premise of the LCFF, which is that choices are best left to the experts at the local levels so that instruction, spending, and other critical decisions can be made by those most familiar with the unique needs of the individual district. The provisions of this bill make specific reference to the continuation of the funding stream for EL students and does not increase funding or require these funds be spent in any particular manner. The supplemental and concentration grant funding to which a local educational agency may be entitled under LCFF, is similarly unaffected by this bill. Waivers Under existing law, a school district may offer alternative English programs, however, only those parents that waive their child out of the SEI and mainstreaming programs are eligible to participate in these alternative programs. This bill would instead allow a school district to choose a language program or multiple programs that are best suited to the needs of its community and offer those programs to all students regardless of whether the parent has knowledge of his or her placement options. So while this bill repeals the language relating to a parent or guardian's right to waive the provisions of the English language guarantees the option for alternative programs remains, but rests with the school district. However, enormous choice remains for parents, specifying if 20 parents within a given grade level request a specific language acquisition program, as defined, the school district shall offer such a class or are otherwise required to allow the pupils to transfer to a public school in which such a class is offered. SB 1174 Page 9 Benefits of Biliteracy Attaining proficiency in multiple languages can have economic and national security benefits. The Center for Applied Linguistics found that Americans fluent in foreign languages, in addition to English, can help improve global communication, enhance our economic competitiveness abroad, and maintain our political and security interests. This bill will encourage programs that foster multilingualism among all pupils which can, in turn, provide pupils a competitive edge to contribute and participate in expanding global markets, communications, and security needs. According to the Jobs, Economic Development, and the Economy Committee federal agencies such as the Federal Bureau of Investigation, the Central Intelligence Agency, and the National Security Agency face severe shortages of employees with the necessary language skills most needed for translation work. Furthermore, the National Education Association states that the expanding globally connected United States economy has meant an increased need for individuals who can communicate in multiple languages in order to meet the increased demand in jobs tied to international trade. For example, the California Chamber of Commerce reports that over one million high-paying jobs depend on California's connections to 220 foreign markets. Analysis Prepared by : Jill Rice / ED. / (916) 319-2087 FN: 0005121