AB 491, as amended, Gonzalez. English learners: identification: notice.
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 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 that includes, among other things, the reason for the pupil’s classification as an English learner.
This bill would require the notice of assessment of a child’s English proficiency 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. The 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 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:
Section 313.2 of the Education Code is amended
2to read:
(a) The department shall annually ascertain the number
4of pupils in each school district and school, including a school that
5is within the jurisdiction of a county office of education and a
6charter school, who are, or are at risk of becoming, long-term
7English learners, as those terms are defined in Section 313.1.
8(b) The department shall annually provide the information
9described in subdivision (a) to school districts and schools and
10post on the department’s Internet Web site the number of long-term
11English learners and English learners at risk of becoming long-term
12English learners in the state.
13(c) In addition to the information
specified in subdivision (b)
14of Section 440, the notice of assessment of a child’s English
15proficiency shall also contain all of the following information:
P3 1(1) Whether the child is a long-term English learner or English
2learner at risk of becoming a long-term English learner, as those
3terms are defined in Section 313.1.
4(2) The manner in which the program for English language
5development instruction will meet the educational strengths and
6needs of long-term English learners or English learners at risk of
7becoming long-term English learners.
8(3) The manner in which the program for English language
9development instruction will help long-term English learners or
10English learners at risk of becoming long-term English learners
11develop
English proficiency and meet age-appropriate academic
12standards.
Section 313.3 is added to the Education Code, to read:
(a) The department shall make available to public
15schools a sample notification letter that shall be provided with the
16home language survey used to determine the primary language of
17the pupil at the time of enrollment in accordance with Section
1852164.1. The notification letter shall explain the purpose of the
19home language survey and the procedures for identification and
20reclassification of English learners.
21(b) The notification letter shall include, but is not limited to, all
22of the following statements:
24“If a language other than English is noted on your child’s home
25language survey,
the law requires us to test your child’s English
26language proficiency.”
27 “You may dispute the school district’s determination of your
28child’s primary language and ask the school district to redetermine
29your child’s primary language.begin delete (Education Code Section 52164.1.)end delete”
30“Once your child’s English language proficiency is tested and
31your child is identified as an English learner, changing the home
32language survey will not change your child’s identification as an
33English learner.”
35(c) A school district shall provide the notification letter to the
36parent or guardian of a pupil at the time the home language survey
37is
provided.
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P4 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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