Amended in Senate June 23, 2016

Amended in Senate May 31, 2016

Amended in Assembly April 30, 2015

Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 491

Introduced by Assembly Member Gonzalez

February 23, 2015

An act to amend begin delete Sections 435 and 440 end delete begin insert Section 313.2 end insert of, and to add Section begin delete 52164.7 end delete begin insert 313.3 end insert to, the Education Code, relating to English learners.

LEGISLATIVE COUNSEL’S DIGEST

AB 491, as amended, Gonzalez. English learners: identification: notice.

Existing law requires begin delete a local educational agency to provide instructional services to English learners, as specified, and requires end delete begin insert each school district to make a determination of the primary language of a pupil when the pupil enrolls in the school district and requires end insert 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 begin delete year. Existing law specifies the information required to be included in the notice, including end delete begin insert year that includes, among other things, end insert the reason for the pupil’s classification as an English learner.

This bill would require the notice begin insert of assessment of a child’s English proficiency end insert 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 begin delete learner, as those terms would be defined in the bill. end delete begin insert learner. end insert

begin delete

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.

end delete

begin delete This end delete begin insert The end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 313.2 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

313.2.  

(a) The department shall annually ascertain the number
of pupils in each school district and school, including a school that
is within the jurisdiction of a county office of education and a
charter school, who are, or are at risk of becoming, long-term
English learners, as those terms are defined in Section 313.1.

(b) The department shall annually provide the information
described in subdivision (a) to school districts and schools and
post on the department’s Internet Web site the number of long-term
English learners and English learners at risk of becoming long-term
English learners in the state.

begin insert

(c) In addition to the information specified in subdivision (b)
of Section 440, the notice of assessment of a child’s English
proficiency shall also contain all of the following information:

end insert begin insert

(1) Whether the child is a long-term English learner or English
learner at risk of becoming a long-term English learner, as those
terms are defined in Section 313.1.

end insert begin insert

(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 English learners at risk of
becoming long-term English learners.

end insert begin insert

(3) The manner in which the program for English language
development instruction will help long-term English learners or
English learners at risk of becoming long-term English learners
develop English proficiency and meet age-appropriate academic
standards.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 313.3 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 313.3. end insert   

(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.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert

begin delete

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.

(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.

(d) “Federal No Child Left Behind Act of 2001” means Public
Law Number 107-110 (20 U.S.C. Sec. 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 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 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.

end delete