BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1174
Author: Lara (D), et al.
Amended: 8/21/14
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/30/14
AYES: Liu, Block, Correa, Galgiani, Hancock, Hueso, Huff,
Monning
NO VOTE RECORDED: Wyland
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 27-8, 5/27/14
AYES: Beall, Berryhill, Block, Cannella, Corbett, Correa, De
León, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill,
Hueso, Huff, Jackson, Lara, Leno, Lieu, Mitchell, Monning,
Padilla, Pavley, Roth, Steinberg, Torres, Wolk
NOES: Anderson, Fuller, Gaines, Knight, Morrell, Nielsen,
Vidak, Wyland
NO VOTE RECORDED: Calderon, Liu, Walters, Wright, Yee
ASSEMBLY FLOOR : 53-26, 8/25/14 - See last page for vote
SUBJECT : English language education
SOURCE : Author
DIGEST : This bill amends and repeals various provisions of
Proposition 227 of 1998, including repealing the requirement
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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.
Assembly Amendments require, as part of the parent and community
engagement process, as specified, school districts and county
offices of education to solicit input on, and provide to pupils,
effective and appropriate instructional methods, including, but
not limited to, establishing language acquisition programs, as
defined; delete authorization for school districts and county
offices of education to determine the best language instruction
methods and language acquisition programs to implement by
consulting experts in the field and parents, and engaging local
communities and instead provide that school districts and county
offices of education shall, at a minimum, provide English
learners (ELs) with a structured English immersion program; make
these provisions operative on July 1, 2017; define "language
acquisition programs;" add coauthors; and make other clarifying
and technical changes.
ANALYSIS : In 1998, statewide voters passed Proposition 227
which:
1.Requires that all children in California public schools be
taught English by being taught in English and that they be
placed in English language classrooms.
2.Requires that ELs be educated through sheltered English
immersion during a temporary transition period not to exceed
one year.
3.Requires that, once ELs had a good working knowledge of
English, they be transferred to English language mainstream
classrooms.
4.Permits schools to provide classes in a language other than
English under a parent initiated waiver process under the
following circumstances:
A. The child is at least ten years old and the school
principal and teachers agree that learning in another
language would be better for the child.
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B. The child has been in a class using English for at least
30 days and the principal, teachers, and head of the school
district agree that learning in another language would be
better for the student.
C. The child already is fluent in English and the parents
want the child to take classes in another language.
1.Requires parents/guardians to annually give written informed
consent and to personally visit the school to apply for the
waiver. The initiative requires individual schools to offer a
bilingual education class if 20 or more students in a given
grade level are granted a waiver, otherwise a student must be
allowed to transfer to a public school which does offer such a
class.
2.Requires the state to provide $50 million every year for ten
years for English classes for adults who promised to tutor EL
students.
3.Provides that its provisions could be amended by a statue that
becomes effective upon approval by voters or by a statute that
furthers the proposition's purpose if passed by a two-thirds
vote of each house and signed by the Governor.
This bill:
1.Establishes the California Education for a Global Economy
Initiative (California EdGE 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
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.
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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.
1.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.
2.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 ELs be educated
through sheltered English immersion during a temporary
transition period until they are transitioned into English
language mainstream classrooms.
3.Requires school districts and county offices of education, as
a part of developing its local control and accountability
plan, 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.
Specifies that these requirements will ensure all pupils have
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access to the core academic content standards, including the
English Language Development (ELD) standards, as applicable,
and become proficient in English.
4.Requires, at a minimum, school districts and county offices of
education to provide 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.
5.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.
6.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.
7.Deletes the definitions of "English language classroom,"
"English language mainstream classroom," "sheltered English
immersion," and "bilingual education/native language
instruction."
8.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
and used English in his/her home from early childhood and
English has been his/her primary means of concept formation
and communication in the home from early childhood.
9.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, as
specified, be informed by research and lead to a grade level
proficiency and academic achievement in both English and
another language.
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10.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.
11.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.
12.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.
13.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.
14.Changes the requirements for statutorily amending the
provisions of Proposition 227 by removing the requirement that
any amendment be to further Proposition 227'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.
15.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.
16.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.
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17.Makes technical and clarifying amendments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee:
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.
One time General Fund costs of approximately $115,000, ongoing
costs of approximately $48,000, for 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.
SUPPORT : (Verified 8/26/14)
Advancement Project
Associated Administrators of Los Angeles
Association of California Administrators
California Association for Bilingual Education
California Council on Teacher Education
California Immigrant Policy Center
California Language Teachers Association
California School Boards Association
California Teachers Association
Californians Together
Early Edge California
EdTrust West
First 5 LA
Los Angeles Chamber of Commerce
Los Angeles Compact
Los Angeles County Office of Education
Los Angeles Unified School District
Lynwood Unified
Montebello Unified
National Association of Social Workers
Public Counsel
San Diego State University
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San Francisco Unified School District
San Jose Silicon Valley Chamber of Commerce
United Teachers Los Angeles
United Way of Greater Los Angeles
ARGUMENTS IN SUPPORT : According to the author, the top
education systems in the world all require students to learn
multiple languages. Yet California, with its natural reserve of
diverse linguistic resources has failed to develop a
multilingual workforce. In this new globalized world, the
state's economic success depends upon our ability to prepare a
workforce educated to compete in a global economy, and able to
communicate with the world.
In addition, the Legislature has recently taken effort to
provide greater local control over funding and programs in our
K-12 schools.
According to the author, existing statute hinders the ability of
districts and schools to innovate, cultivate, and promote the
multilingual skills necessary to keep our state competitive
globally. Proposition 227 created major barriers to providing
multilingual classrooms. These barriers have resulted in a low
number of schools offering multilingual instruction and very
long enrollment waiting lists at those that do. Removing and
amending these provisions will make it easier for districts and
parents that desire to offer multilingual programs, and return
local control to districts and parents to drive the educational
model that works best for their children.
ASSEMBLY FLOOR : 53-26, 8/25/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Daly, Dickinson, Eggman, Fong,
Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gray, Hall,
Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal,
Medina, Mullin, Muratsuchi, Nazarian, Pan, Perea, John A.
Pérez, V. Manuel Pérez, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Weber, Wieckowski,
Williams, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,
Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey,
Jones, Linder, Logue, Maienschein, Mansoor, Melendez,
Nestande, Olsen, Patterson, Quirk-Silva, Wagner, Waldron, Wilk
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NO VOTE RECORDED: Vacancy
PQ:e 8/26/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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