BILL NUMBER: AB 491 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2016
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 Sections
435 and 440 of, and to add Section 52164.7 to, the Education
Code, relating to English learners.
LEGISLATIVE COUNSEL'S DIGEST
AB 491, as amended, Gonzalez. English learners:
proficiency assessment: reclassification.
identification: notice.
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.
This 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.
Existing law requires each school district to make a determination
of the primary language of a pupil when the pupil enrolls in the
school district.
This 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.
Because the bill would impose additional requirements on local
educational agencies, the bill would impose a state-mandated local
program.
The 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.
This 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.
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, 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, 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 yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 435 of the Education
Code is amended to read:
435. For purposes of this chapter, the following terms have the
following meanings:
(a) "English learner" or "pupil of limited English proficiency"
means a pupil who was not born in the United States or whose native
language is a language other than English or who comes from an
environment where a language other than English is dominant; and
whose difficulties in speaking, reading, writing, or understanding
the English language may be sufficient to deny the individual the
ability to meet the state's proficient level of achievement on state
assessments, the ability to successfully achieve in classrooms where
the language of instruction is English, or the opportunity to
participate fully in society.
(b) "Long-term English learner" means an English learner who is
enrolled in any of grades 6 to 12, inclusive, has been enrolled in
schools in the United States for more than six years, has remained at
the same English language proficiency level for two or more
consecutive years as determined by the English language development
test identified in Section 60810 or any successor test, and scores
far below basic or below basic on the English language arts
standards-based achievement test administered pursuant to Section
60640 or any successor test.
(b)
(c) "Immigrant pupil" means a pupil who was born in a
country other than the United States and who has attended a
kindergarten class or any of grades 1 to 12, inclusive, in a school
in the United States for three or fewer years.
(c)
(d) "Federal No Child Left Behind Act of 2001" means
Public Law Number 107-110 (20 U.S.C. Sec. 6801,
6801 et seq.).
(e) "English learner at risk of becoming a long-term English
learner" means an English learner who is enrolled in any of grades 5
to 11, inclusive, in schools in the United States for four years,
scores at the intermediate level or below on the English language
development test identified in Section 60810 or any successor test,
and scores in the fourth year at below basic or far below basic level
on the English language arts standards-based achievement test
administered pursuant to Section 60640 or any successor test.
SEC. 2. Section 440 of the Education
Code is amended to read:
440. (a) A local educational agency shall provide instructional
services to limited-English-proficient pupils and immigrant pupils in
conformity with Section 6801 and following of Title 20 of the United
States Code.
(b) In accordance with Section 7012 6312
of Title 20 of the United States Code, each parent or guardian
of a pupil enrolled in a public school shall receive notice of the
assessment of his or her child's English language proficiency not
later than 30 days after the start of the school year. The notice
shall include all of the following:
(1) The reason for the child's classification as limited English
proficient.
(2) The level of English proficiency.
(3) A description of the program for the English language
development instruction, including a description of all of the
following:
(A) The manner in which the program will meet the educational
strengths and needs of the child.
(B) The manner in which the program will help the child develop
his or her English proficiency and meet age appropriate academic
standards.
(C) The specific exit requirements for the program, the expected
rate of transition from the program into classrooms that are not
tailored for limited-English-proficient children, and the expected
rate of graduation from secondary school for the program if funds
available under Sections 6801 and following of Title 20 of the United
States Code are used for children in secondary schools.
(D) Where the child has been identified as having exceptional
needs, the manner in which the program meets the requirements of the
child's individualized education plan.
program.
(4) Information regarding a parent or guardian's option to decline
to allow the child to become enrolled in the program or to choose to
allow the child to become enrolled in an alternative program.
(5) Information designed to assist a parent or guardian in
selecting among available programs, if more than one program is
offered.
(c) In addition to the information specified in subdivision (b),
the notice shall also contain the following information:
(1) Whether the child is a long-term English learner or English
learner at risk of becoming a long-term English learner.
(2) The manner in which the program for English language
development instruction will meet the educational strengths and needs
of long-term English learners or pupils at risk of becoming
long-term English learners.
(3) The manner in which the program for English language
development instruction will help long-term English learners or those
at risk of becoming long-term English learners develop English
proficiency and meet age-appropriate academic standards.
SEC. 3. Section 52164.7 is added to the
Education Code , to read:
52164.7. (a) The department shall make available to public
schools a sample notification letter that shall be provided with the
home language survey used to determine the primary language of the
pupil at the time of enrollment in accordance with Section 52164.1.
The notification letter shall explain the purpose of the home
language survey and the procedures for identification and
reclassification of English learners.
(b) The notification letter shall include, but is not limited to,
all of the following statements:
"If a language other than English is noted on your child's home
language survey, the law requires us to test your child's English and
primary language proficiency."
"If there is a mistake in completing the home language survey, you
may dispute the school district's determination of your child's
primary language and ask the school district to redetermine your
child's primary language. (Education Code Section 52164.1.)"
"Once your child's English and primary language proficiency is
tested and your child is identified as an English learner, changing
the home language survey will not change your child's identification
as an English learner."
(c) A school district shall provide the notification letter to the
parents or guardians of a pupil at the time the home language survey
is provided.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
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, 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, 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) 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.