AB 491,
as amended, Gonzalez. English learners:begin delete proficiency assessment: reclassification.end deletebegin insert identification: notice.end insert
Existing law requires a local educational agency to provide instructional services to English learners, as specified, and requires each parent or guardian of a pupil enrolled in a public school to receive notice of an assessment of a pupil’s English proficiency no later than 30 days after the start of the school year. Existing law specifies the information required to be included in the notice, including the reason for the pupil’s classification as an English learner.
end insertbegin insertThis bill would require the notice to include specified additional information, including whether a child is a long-term English learner or is an English learner at risk of becoming a long-term English learner, as those terms would be defined in the bill.
end insertbegin insertExisting law requires each school district to make a determination of the primary language of a pupil when the pupil enrolls in the school district.
end insertbegin insertThis bill would require a school district to provide a notification letter to a pupil’s parent or guardian at the time a home language survey is provided that explains the purpose of the home language survey and the procedures for identification and reclassification of English learners. The bill would require the State Department of Education to make a sample notification letter available to all public schools.
end insertbegin insertBecause the bill would impose additional requirements on local educational agencies, the bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting 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, 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.
end deleteThis 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, 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.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 435 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
For purposes of this chapter, the following terms have the
4following meanings:
5(a) “English learner” or “pupil of limited English proficiency”
6means a pupil who was not born in the United States or whose
7native language is a language other than English or who comes
8from an environment where a language other than English is
9dominant; and whose difficulties in speaking, reading, writing, or
10understanding the English language may be sufficient to deny the
11individual the ability to meet the state’s proficient level of
12achievement on state assessments, the ability to successfully
13achieve in classrooms where the language of instruction is English,
14or the opportunity to participate fully in society.
15
(b) “Long-term English learner” means an English learner who
16is enrolled in any of grades 6 to 12, inclusive, has been enrolled
17in schools in the United States for more than six years, has
18remained at the same English language proficiency level for two
19or more consecutive years as determined by the English language
20development test identified in Section 60810 or any successor test,
21and scores far below basic or below basic on the English language
22arts standards-based achievement test administered pursuant to
23Section 60640 or any successor test.
24(b)
end delete
25begin insert(c)end insert “Immigrant pupil” means a pupil who
was born in a country
26other than the United States and who has attended a kindergarten
27class or any of grades 1 to 12, inclusive, in a school in the United
28States for three or fewer years.
29(c)
end delete
30begin insert(d)end insert “Federal No Child Left Behind Act of 2001” means Public
31Law Number 107-110 (20 U.S.C. Sec.begin delete 6801,end deletebegin insert 6801end insert et seq.).
32
(e) “English learner at risk of
becoming a long-term English
33learner” means an English learner who is enrolled in any of grades
P4 15 to 11, inclusive, in schools in the United States for four years,
2scores at the intermediate level or below on the English language
3development test identified in Section 60810 or any successor test,
4and scores in the fourth year at below basic or far below basic
5level on the English language arts standards-based achievement
6test administered pursuant to Section 60640 or any successor test.
begin insertSection 440 of the end insertbegin insertEducation Codeend insertbegin insert is amended to read:end insert
(a) A local educational agency shall provide instructional
9services to limited-English-proficient pupils and immigrant pupils
10in conformity with Section 6801 and following of Title 20 of the
11United States Code.
12(b) In accordance with Sectionbegin delete 7012end deletebegin insert 6312end insert of Title 20 of the
13United States Code, each parent or guardian of a pupil enrolled in
14a public school shall receive notice of the assessment of his or her
15child’s English language proficiency not later than 30 days after
16the start of the school year. The notice shall include all of the
17
following:
18(1) The reason for the child’s classification as limited English
19proficient.
20(2) The level of English proficiency.
21(3) A description of the program for the English language
22development instruction, including a description of all of the
23following:
24(A) The manner in which the program will meet the educational
25strengths and needs of the child.
26(B) The manner in which the program will help the child develop
27his or her English proficiency and meet age appropriate academic
28standards.
29(C) The specific exit requirements for the program, the expected
30rate of transition from the program into classrooms that are not
31tailored
for limited-English-proficient children, and the expected
32rate of graduation from secondary school for the program if funds
33available under Sections 6801 and following of Title 20 of the
34United States Code are used for children in secondary schools.
35(D) Where the child has been identified as having exceptional
36needs, the manner in which the program meets the requirements
37of the child’s individualized educationbegin delete plan.end deletebegin insert program.end insert
38(4) Information regarding a parent or guardian’s option to
39decline to allow the child to become enrolled in the program or to
P5 1choose to allow the child to become enrolled in an alternative
2program.
3(5) Information designed to assist a parent or guardian in
4selecting among available programs, if more than one program is
5offered.
6
(c) In addition to the information specified in subdivision (b),
7the notice shall also contain the following information:
8
(1) Whether the child is a long-term English learner or English
9learner at risk of becoming a long-term English learner.
10
(2) The manner in which the program for English language
11development instruction will meet the educational strengths and
12needs of long-term English learners or pupils at risk of becoming
13long-term English learners.
14
(3) The manner in which the program for English language
15development
instruction will help long-term English learners or
16those at risk of becoming long-term English learners develop
17English proficiency and meet age-appropriate academic standards.
begin insertSection 52164.7 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
19read:end insert
(a) The department shall make available to public
21schools a sample notification letter that shall be provided with the
22home language survey used to determine the primary language of
23the pupil at the time of enrollment in accordance with Section
2452164.1. The notification letter shall explain the purpose of the
25home language survey and the procedures for identification and
26reclassification of English learners.
27
(b) The notification letter shall include, but is not limited to, all
28of the following statements:
29
“If a language other than English is noted on your child’s home
30language survey, the law requires us to test your child’s English
31and primary language proficiency.”
32
“If there is a mistake in completing the home language survey,
33you may dispute the school district’s determination of your child’s
34primary language and ask the
school district to redetermine your
35child’s primary language. (Education Code Section 52164.1.)”
36
“Once your child’s English and primary language proficiency
37is tested and your child is identified as an English learner,
38changing the home language survey will not change your child’s
39identification as an English learner.”
P6 1
(c) A school district shall provide the notification letter to the
2parents or guardians of a pupil at the time the home language
3survey is provided.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
Section 313.5 of the Education Code is amended
10to read:
(a) By January 1, 2014, the department shall review
12and analyze the criteria, policies, and practices that a sampling of
13school districts that represent the geographic, socioeconomic, and
14demographic diversity of school districts in the state use to
15reclassify English learners, and recommend to the Legislature and
16state board any guideline, regulatory, or statutory changes that the
17department determines are necessary to identify when English
18learners are prepared for the successful transition to classrooms
19and curricula that require English proficiency.
20(b) For purposes of completing the review and analysis required
21pursuant to subdivision (a), the department shall consult with
22parents of
English learners, experts with demonstrated experience
23in developing and administering assessments for English learners,
24classroom or resource teachers, or both, school district
25administrators with expertise in curriculum, instruction, assessment,
26and accountability, and researchers possessing expertise in the
27education of English learners.
28(c) The group of experts described in subdivision (b) shall
29develop a study design that may include a sampling methodology
30for purposes of selecting the school districts that will be part of
31the review and analysis to identify best practices pursuant to
32subdivision (a).
33(d) For purposes of completing the review and analysis required
34pursuant to subdivision (a), the department shall examine and
35report on the following:
36(1) The practices and standards used by a sampling of school
37districts that represent the geographic, socioeconomic, and
38demographic diversity of school districts in the state to meet the
39four reclassification criteria specified in subdivision (f) of Section
40313.
P7 1(2) The extent to which school districts are following the
2guidelines established by the state board.
3(3) The range of reclassification criteria developed by school
4districts.
5(e) As part of the examination required pursuant to subdivision
6(d), the department shall analyze the following:
7(1) English language proficiency and academic
performance
8data.
9(2) The relationship of the reclassification criteria to
10reclassification rates.
11(3) The academic performance of pupils after reclassification
12as English proficient.
13(4) The relationship of the reclassification criteria to the
14academic performance of pupils after reclassification.
15(f) In its report, the department also shall identify any other
16pupil outcome measures that indicate an English learner is prepared
17to successfully transition to a classroom and curricula that require
18English proficiency.
19(g) By January 1, 2019, the department shall issue a report that
20
includes the department’s findings, research, analysis,
21recommendations, and best practices pursuant to subdivisions (a),
22(d), (e), and (f).
23(h) By July 1, 2022 the department shall recommend, and the
24state board shall adopt, the department’s recommendations and
25best practices pursuant to subdivisions (a), (d), (e), and (f), as
26reported pursuant to subdivision (g).
27(i) This section shall be implemented only if state or federal
28funds are appropriated as necessary to fully fund this purpose or
29if private funds are made available as necessary to fully fund this
30purpose.
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