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
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|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 |
| | | | |
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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