BILL NUMBER: AB 812 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 26, 2015
An act to amend Section 52051.5 of the Education Code,
relating to school accountability. add Chapter 4
(commencing with Section 350) to Part 1 of Division 1 of
Title 1 of the Education Code, relating to English proficiency.
LEGISLATIVE COUNSEL'S DIGEST
AB 812, as amended, Weber. School accountability:
Academic Performance Index. Pupils of limited English
proficiency: assessments.
Existing law requires the State Department of Education, with the
approval of the State Board of Education, to establish procedures for
conducting an assessment of pupils who are English learners in order
to determine the level of proficiency. Existing law requires each
school district that has one or more pupils who are English learners,
to assess the English language development of each pupil. Existing
law requires this assessment to be conducted upon initial enrollment,
and annually thereafter, during a period determined by the
Superintendent of Public Instruction and the state board.
This bill would, notwithstanding the above provisions, require the
department, on or before September 1, 2017, to develop an assessment
tool to determine the proficiency level of pupils of limited English
proficiency, as defined, and as determined by a survey the bill
would require the Superintendent to develop and a local educational
agency to administer, creating a state program, as provided. The bill
would require the assessment to be conducted upon a pupil's initial
enrollment, in order to provide information to determine if the pupil
is a pupil of limited English proficiency, and annually thereafter,
during a period of time determined by the Superintendent and the
state board. The bill would require the annual assessments to
continue until the pupil is designated as English proficient, as
provided.
By creating new duties for a local educational agency, this 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, the Public Schools Accountability Act of 1999,
requires the Superintendent of Public Instruction, with approval of
the State Board of Education, to develop an Academic Performance
Index to measure the performance of schools and school districts,
especially the academic performance of pupils. Existing law, for
purposes of the act, requires all references to schools to include
charter schools.
This bill would make a nonsubstantive change to the provision
requiring all references to schools to include charter schools.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4 (commencing with Section 350)
is added to Part 1 of Division 1 of Title 1 of the
Education Code , to read:
350. For purposes of this chapter, "pupils of limited English
proficiency" means pupils who do not have the clearly developed
English language skills of comprehension, speaking, reading, and
writing necessary to receive instruction in English at a level
substantially equivalent to pupils of the same age or grade whose
primary language is English.
350.1. (a) On or before September 1, 2016, the Superintendent, in
consultation with the department, shall develop a survey for local
educational agencies that identifies the number of pupils
identifiable as pupils of limited English proficiency.
(b) Local educational agencies shall develop a process to annually
administer the surveys of pupils at the beginning of each school
year. At a minimum, local educational agencies shall survey the
pupils who meet any of the following criteria:
(1) Scores in the lowest achievement levels on the Smarter
Balanced Assessment System summative and interim assessments.
(2) Receives less than a passing grade on one or more consecutive
progress and report cards in English language arts courses.
(3) Is identified by teachers or faculty members as a candidate
who may meet one or more of the criteria in paragraphs (1) or (2).
350.2. (a) On or before January 1, 2017, the department, in
consultation with local educational agencies, shall develop a study
on best practices for providing instruction to pupils of limited
English proficiency, and shall provide this study to members of the
Legislature, the Office of the Legislative Analyst, and the Governor.
The study shall include, but not be limited to, information relating
to all of the following:
(1) Existing state and local programs.
(2) Effective pedagogical and instructional methods for pupils of
limited English proficiency.
(3) Professional development and training needs for teachers who
would be likely to provide instruction to pupils of limited English
proficiency.
(b) (1) The study required to be submitted to the Legislature
pursuant to subdivision (a) shall be submitted in compliance with
Section 9795 of the Government Code.
(2) This section shall become inoperative on January 1, 2021,
pursuant to Section 10231.5 of the Government Code.
350.3. (a) Notwithstanding any other law, including Article 3.5
(commencing with Section 313) of Chapter 3, on or before September 1,
2017, the department shall develop an assessment tool to determine
the proficiency level of pupils of limited English proficiency
identified through the survey process, pursuant to Section 350.1, for
purposes of identifying an adequate method of instruction for these
pupils.
(b) The department, with the approval of the state board, shall
establish procedures for conducting the assessment required pursuant
to subdivision (a) and for the designation of a pupil of limited
English proficiency to English proficient.
350.4. (a) Notwithstanding any other law, including Article 3.5
(commencing with Section 313) of Chapter 3, commencing with the
2018-19 school year, the assessment shall be conducted upon initial
enrollment, in order to provide information to determine if the pupil
is a pupil of limited English proficiency, and annually thereafter
during a period of time determined by the Superintendent and the
state board. The annual assessments shall continue until the pupil is
designated as English proficient pursuant to Section 350.5.
(b) The assessments conducted pursuant to this section shall be
conducted in a manner consistent with federal statutes and
regulations.
350.5. Notwithstanding any other law, including Article 3.5
(commencing with Section 313) of Chapter 3, the Superintendent shall
develop a procedure to designate a pupil of limited English
proficiency as English proficient. The designation procedure
developed by the Superintendent shall utilize multiple criteria in
determining whether to designate a pupil as proficient in English,
including, but not limited to, all of the following:
(a) Assessment of language proficiency using an objective
assessment instrument.
(b) Teacher evaluation, including, but not limited to, a review of
the pupil's curriculum mastery.
(c) Parental opinion and consultation.
(d) Comparison of the performance of the pupil in basic skills
against an empirically established range of performance in basic
skills based upon the performance of English proficient pupils of the
same age, that demonstrates whether the pupil is sufficiently
proficient in English to participate effectively in a curriculum
designed for pupils of the same age.
350.6. This chapter does not preclude a school district or county
office of education from testing pupils of limited English
proficiency more than once in a school year if the school district or
county office of education chooses to do so.
SEC. 2. 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 52051.5 of the Education
Code is amended to read:
52051.5. For purposes of this chapter, all references to schools
shall also include charter schools.
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