BILL NUMBER: AB 491	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 23, 2015

   An act to amend Section 313.5 of the Education Code, relating to
English learners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 491, as amended, Gonzalez. English learners: proficiency
assessment: reclassification.
    Existing law required the State Department of Education, by
January 1, 2014, to review and analyze the criteria, policies, and
practices that a sampling of school districts that represent the
geographic, socioeconomic, and demographic diversity of school
districts in the state use to reclassify English learners and
recommend to the Legislature and State Board of Education any
guideline, regulatory, or statutory changes that the department
determines are necessary to identify when English learners are
prepared for the successful transition to classrooms and curricula
that require English proficiency. Existing law required the
department to issue, by January 1, 2014, a report that includes
specified findings, research, analysis, recommendations, and best
 practices.   practices, and requires the
department, by January 1, 2017, to issue an updated report that
reflects any changes in analysis and recommendations as a result of
the adoption by the state board of the common core standards and the
English language development standards. 
   This bill would  change the issue date of this initial report
to January 1, 2019, and would delete the updated report requirement.
The bill would  additionally require the department, by July 1,
 2016,   2022,  to recommend, and the state
board to adopt, the department's recommendations and best practices
pursuant to the department's recommendations in the report referenced
above.
   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.  Section 313.5 of the Education Code is amended to read:

   313.5.  (a) By January 1, 2014, the department shall review and
analyze the criteria, policies, and practices that a sampling of
school districts that represent the geographic, socioeconomic, and
demographic diversity of school districts in the state use to
reclassify English learners, and recommend to the Legislature and
state board any guideline, regulatory, or statutory changes that the
department determines are necessary to identify when English learners
are prepared for the successful transition to classrooms and
curricula that require English proficiency.
   (b) For purposes of completing the review and analysis required
pursuant to subdivision (a), the department shall consult with
parents of English learners, experts with demonstrated experience in
developing and administering assessments for English learners,
classroom or resource teachers, or both, school district
administrators with expertise in curriculum, instruction, assessment,
and accountability, and researchers possessing expertise in the
education of English learners.
   (c) The group of experts described in subdivision (b) shall
develop a study design that may include a sampling methodology for
purposes of selecting the school districts that will be part of the
review and analysis to identify best practices pursuant to
subdivision (a).
   (d) For purposes of completing the review and analysis required
pursuant to subdivision (a), the department shall examine and report
on the following:
   (1) The practices and standards used by a sampling of school
districts that represent the geographic, socioeconomic, and
demographic diversity of school districts in the state to meet the
four reclassification criteria specified in subdivision (f) of
Section 313.
   (2) The extent to which school districts are following the
guidelines established by the state board.
   (3) The range of reclassification criteria developed by school
districts.
   (e) As part of the examination required pursuant to subdivision
(d), the department shall analyze the following:
   (1) English language proficiency and academic performance data.
   (2) The relationship of the reclassification criteria to
reclassification rates.
   (3) The academic performance of pupils after reclassification as
English proficient.
   (4) The relationship of the reclassification criteria to the
academic performance of pupils after reclassification.
   (f) In its report, the department also shall identify any other
pupil outcome measures that indicate an English learner is prepared
to successfully transition to a classroom and curricula that require
English proficiency.
   (g) By January 1,  2014,   2019,  the
department shall issue a report that includes the department's
findings, research, analysis, recommendations, and best practices
pursuant to subdivisions (a), (d), (e), and (f).
   (h) By July 1,  2016,   2022  the
department shall recommend, and the state board shall adopt, the
department's recommendations and best practices pursuant to
subdivisions (a), (d), (e), and (f), as reported pursuant to
subdivision (g). 
   (i) By January 1, 2017, the department shall issue an updated
report that reflects any changes in analysis and recommendations as a
result of the adoption by the state board of the common core
standards pursuant to Section 60605.8 and the English language
development standards adopted pursuant to former Section 60811.3, as
that section read on June 30, 2013, or Section 60811.4. 

   (j) 
    (   i)  This section shall be implemented only
if state or federal funds are appropriated as necessary to fully fund
this purpose or if private funds are made available as necessary to
fully fund this purpose.