BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 29, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 812  
          Weber - As Amended April 27, 2015


          SUBJECT:  Pupils of limited English proficiency:  assessments


          SUMMARY:  Requires that students of "limited academic English  
          proficiency," as defined, be identified and annually assessed  
          for academic English proficiency, and requires a study on best  
          instructional practices for these students.  Requires the  
          development of an assessment tool and procedures for  
          reclassification of these students.  Specifically, this bill:  


          1)Defines "pupils of limited academic English proficiency" as  
            students who do not have the clearly developed academic  
            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 also English.



          2)Defines Academic English and Academic Language as the oral,  
            written, auditory, and visual language proficiency required to  
            learn effectively in schools and academic programs.  
            Specifically, Academic English and academic language is  
            defined as the language which:
             a)   is used in classroom lessons, books, tests, and  








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               assignments 
             b)   pupils are expected to learn and the language in which  
               they are to achieve fluency


             c)   includes a variety of formal-language skills such as  
               vocabulary, grammar, punctuation, syntax,  
               discipline-specific terminology, or rhetorical conventions,  
               that allow students to acquire knowledge and academic  
               skills while also successfully navigating school policies,  
               assignments, expectations, and cultural norms


          1)Requires that, by September 1, 2016, the Superintendent of  
            Public Instruction (SPI), in consultation with the California  
            Department of Education (CDE) and local educational agencies  
            (LEAs) develop a formal process to identify pupils of limited  
            academic English proficiency.



          2)Requires that the identification process provide special  
            consideration to students who:
             a)   score in the lowest achievement levels on the Smarter  
               Balanced Assessment System summative and interim  
               assessments
             b)   receive less than a passing grade on one or more  
               consecutive progress and report cards in English language  
               arts


             c)   are identified by teachers or faculty members as meeting  
               the above criteria





          1)Requires, by January 1, 2017, the CDE, in consultation with  








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            LEAs, to develop a study on best practices for providing  
            instruction to pupils of limited academic English proficiency,  
            and provide this study to members of the Legislature, the  
            Office of the Legislative Analyst, and the Governor.    
            Requires that this study include information on:
             a)   existing state and local programs
             b)   effective pedagogical and instructional methods for  
               pupils of limited English proficiency


             c)   professional development and training needs for teachers  
               who would be likely to provide instruction to pupils of  
               limited English proficiency


          1)Requires the CDE to develop an assessment tool to determine  
            the proficiency level of pupils of limited academic English  
            proficiency.



          2)Requires the CDE, with the approval of the State Board of  
            Education (SBE) to establish procedures for conducting the  
            assessment and for the designation of a pupil of limited  
            academic English proficiency to English proficient. 



          3)Beginning in the 2018-19 school year, requires the assessment  
            to be conducted upon initial enrollment or as early as  
            possible, and annually thereafter during a period of time  
            determined by the SPI and the SBE. 



          4)Requires that the annual assessments to continue until a  
            student is designated as academic English proficient.  States  
            that LEAs may use a score at the highest achievement level of  
            3 or higher on the Smarter Balance formative and summative  








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            assessments to designate a pupil as academic English  
            proficient. 



          5)Requires that, if a student is still performing at a level of  
            limited academic English proficiency after the 8th grade  
            Smarter Balance formative and summative assessment, school  
            districts must provide targeted resources with the goal of the  
            pupil scoring at the level of 3 or higher on the 11th grade  
            Smarter Balance formative and summative assessment 



          6)States that the assessments conducted pursuant to this section  
            shall be conducted in a manner consistent with federal  
            statutes and regulations.



          7)Requires the SPI to develop a procedure to designate a pupil  
            of limited academic English proficiency as academic English  
            proficient using multiple criteria, including all of the  
            following:
             a)   an assessment of language proficiency using an objective  
               assessment instrument
             b)   teacher evaluation, including a review of the student's  
               curriculum mastery


             c)   parent opinion and consultation


             d)   comparison of the performance of the student in basic  
               skills relative to his or peers 












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          1)States that this chapter does not prohibit an LEA 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. 



          EXISTING LAW:  


          1)Defines "English learner" or "pupil of limited English  
            proficiency," and requires each school district to assess the  
            English language development of each of those students within  
            30 days of initial enrollment and annually thereafter to  
            assess until the students are redesignated as fluent English  
            proficient. 



          2)Requires the CDE, with the approval of the SBE, to establish  
            procedures for the reclassification of a student from English  
            learner to English proficient. 



          3)Requires that the reclassification procedures developed by the  
            CDE use multiple criteria in determining whether to reclassify  
            a student, including, but not limited to, all of the  
            following: 



             a)   assessment of language proficiency using an objective  
               assessment instrument, including, but not limited to, the  
               California English Language Development Test (CELDT)
             b)   teacher evaluation, including, but not limited to, a  
               review of the student's curriculum mastery









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             c)   parent opinion and consultation 


             d)   comparison of the performance of the student in basic  
               skills with those of his or her peers 





          1)Establishes an English Language Development assessment to  
            identify students who are limited English proficient, to  
            determine the level of English proficiency of students, and to  
            assess the progress of English learners in acquiring the  
            skills of listening, speaking, reading, and writing in  
            English.
           


          2)Requires the CDE, by January 1, 2015, to recommend to the SBE  
            any modifications to the ELD standards to link them with the  
            Common Core mathematics standards and the Next Generation  
            Science Standards. 
          


          FISCAL EFFECT:  This bill has been keyed a state-mandated local  
          program by the Office of Legislative Counsel.


          COMMENTS:  


          Need for the bill.  The author's office states, "Although there  
          is a general consensus among academic researchers that all  
          pupils must be proficient in academic English to thrive in  
          professional or academic settings, a large portion of students  
          still struggle to develop proficiency. 








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          According to research from California State University,  
          Northridge, "Academic language is the language used in  
          instruction, textbooks and exams. Academic language differs in  
          structure and vocabulary from language used in daily social  
          interactions. Academic language includes 1) a common vocabulary  
          used in all disciplines, as well as 2) a technical vocabulary  
          inherent to each individual discipline. Academic English is  
          based more upon Latin and Greek roots than is common spoken  
          English. In addition, academic language features more complex  
          language and precise syntax than common English. Low academic  
          language skills are associated with low performance in school.


          The issue transcends race but it certainly disproportionately  
          impacts low-income and pupils of color. As indicated previously,  
          data suggests that pupils who have limited academic English  
          proficiency are generally "underprepared," and that there is a  
          direct correlation between low performance and not being  
          proficient in academic English. Specifically, one extensive  
          field-test conducted over a ten year period based on student's  
          performance on "assessment tasks" concluded that "students who  
          are underprepared in academic language are less able to  
          distinguish between important and unimportant information in  
          lectures  and text, are less able to recognize or produce  
          correct affixes, are misled by text cues such as bolding, are  
          less able to restate and summarize information, are less able to  
          summarize text, are more likely to misunderstand lecture and  
          text meaning, and take fewer lecture and reading notes." 


          Currently, there are small programs such as the Academic English  
          Mastery Program in Los Angeles Unified School District, but no  
          formal or large scale efforts to funnel pupils into these types  
          of programs that have been shown to be successful.   
          Additionally, there is no formal state definition of Academic  
          English, nor is there a description of the type of pupil would  
          benefit from academic English instruction."








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          Standard English learners discussed in 2014 English Language  
          Arts Framework.  The 2014 California English Language Arts  
          Framework chapter on Access and Equity defines standard English  
          learners as "native speakers of English who are ethnic minority  
          students (e.g., African-American, American Indian Southeast  
          Asian-American, Mexican-American, Native Pacific Islander) and  
          whose mastery of the standard English language that is  
          privileged in schools is limited because they use an ethnic  
          -specific nonstandard dialect of English in their homes and  
          communities and use standard English (SE) in limited ways in  
          those communities."  


          The Framework discusses African American English and Chicano/a  
          English and notes:  "Non-standard varieties of English are  
          sometimes erroneously considered to be "ungrammatical" or  
          "improper English," whereas these varieties are, in fact,  
          systematic and rule governed dialects. Instead of taking a  
          subtractive approach, teachers should give clear messages that  
          non-standards varieties of English that students may speak or  
          hear in their home communities are equally as valid as standard  
          English." The Framework also shares a recommendation from a  
          researcher in this field:  "teachers should?make the linguistic  
          features of school language, or SE, explicit to students in  
          order to provide them with extended linguistic resources they  
          can draw upon, depending upon the social context in which they  
          find themselves."


          State once had a Standard English Proficiency program.  The CDE  
          once had a program specifically to support school districts in  
          helping students achieve standard English proficiency.  In a  
          Senate Education Committee analysis of SB 205 (Haynes) of the  
          1997-98 Session, the program was described as follows:


            The California Department of Education (CDE) is responsible  








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            for the  distribution of the Standard English Proficiency  
            (SEP)  handbook, which is based on a 1981 State Board of  
            Education policy that directs the CDE to provide direction and  
            leadership to local school districts to improve the  standard  
            English proficiency of speakers of Black language.  The  
            handbook is presently being revised to complement the English  
            Language Arts Materials adopted by the State Board in  
            December, 1996.  The SEP is also known as the Proficiency in  
            Standard English for Speakers of Black Language Program.





          This program appears to have been eliminated near the time the  
          analysis written, a period during which the issue of standard  
          English was widely debated in the media following the adoption  
          of a controversial resolution by the governing board of the  
          Oakland Unified School District.  Committee staff was unable to  
          locate any staff who worked in this program to provide further  
          information.


          LAUSD Academic English Mastery Program and SEL policies.  The  
          Los Angeles Unified School District's (LAUSD) Academic English  
          Mastery Program (AEMP) is a program designed to address the  
          language needs of African American, Mexican American, Hawai'ian  
          American, and Native American students for whom Standard English  
          is not native. The program incorporates into the curriculum  
          instructional strategies that facilitate the acquisition of  
          standard and academic English in classroom environments that  
          validate, value, and build upon the language and culture of  
          students.  It may be the only such program in the country.


          The AEMP promotes proficiency in academic English by working  
          with school staff and parents.  The program is currently working  
          with 61 schools, providing training to teams of teachers,  
          administrators, and parents from school sites which volunteer  








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          for this training. Over the summer they provide training to  
          approximately 300 teams.  In some cases participating schools  
          provide instruction to SELs at the same time as English learners  
          receive English Language Development instruction:  students are  
          split into groups according to their language need.  


          The AEMP uses brief screening tools for the identification of  
          the use of different language features, with a tool for African  
          American, Mexican American, and Hawai'ian American students.    
          The program also uses the LAS Links assessment to determine  
          students' levels of language proficiency.  The program uses  
          curriculum materials available generally, such as California  
          Treasures, Words their Way, and Lucy Calkins Units of Study.   
          The AEMP emphasizes the use of culturally relevant materials,  
          contrastive analysis, and an "additive" approach to teaching  
          standard English.


          LAUSD English Learner Master Plan and Board Resolution.  The  
          2012 LAUSD English Learner Master Plan includes a chapter on the  
          education of SELs.  It identifies Mainstream English Language  
          Development (MELD) as a responsive instructional intervention  
          that develops listening, speaking, reading, and writing skills  
          in standard and academic English. The plan states:


            The purpose of MELD is to assure that SELs will have  
            meaningful access to the core curriculum, post-secondary  
            educational opportunities, and career options.  The MELD  
            approach is linguistically responsive, in that it seeks to add  
            Standard and academic English to the students' existing  
            language repertoire. MELD accomplishes this additive approach  
            by engaging in dual grammar study of the student's home  
            language variety and target language (Standard English). This  
            dual grammar study is referred to as contrastive analysis and  
            has been shown by research to be effective in teaching  
            Standard English.









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          In May, 2014, the LAUSD governing board passed a resolution in  
          support of standard English instruction.  It calls for:


                 appropriate assessment of the academic language needs of  
               SELs
                 professional development for teachers and administrators  
               regarding best practices


                 targeted resources to support SELs in all schools


                 research and evaluation


                 support for a SEL teacher advisor in each Educational  
               Service Center


                 parent education/engagement


                 establishment of a model school in every Educational  
               Service Center


                 an annual count of SEL students beginning in the 2016-17  
               school year





          AEMP has formed a partnership with UCLA's Center X for the  
          purpose of data collection and analysis, related in part to the  
          above resolution.  This collaboration is intended to provide  








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          more information on the need for this instruction among students  
          in the district.


          Bill raises questions about what improves mastery of academic  
          English.  This bill proposes to create a system of  
          identification, assessment, instruction, and reclassification of  
          pupils of limited academic English proficiency which largely  
          mirrors the system used for English learners.


          In proposing this system, this bill raises many policy and  
          practice questions.  Among them:


                 How should LEAs identify students who are in need of  
               explicit instruction in standard English?  
                 What assessments exist that could be used to measure  
               proficiency in academic English?


                 How should the target level of proficiency in academic  
               English be defined? 


                 What curricula are available for explicit instruction in  
               academic English? 


                 What are effective instructional methods for teaching  
               academic English? 


                 What kinds of professional development improves mastery  
               of academic English?


                 What is the role of culturally relevant curricula in  
               supporting mastery of academic English?








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                 To what extent should proficiency be measured by  
               performance on assessments of core content area skills?


                 And perhaps the most significant question raised by this  
               bill: to what extent is it appropriate to use a system  
               designed for English learners with students who already  
               proficient in one form of English?  


          It is not clear whether there are evidence-based answers to all  
          of these questions at this time.  But to the extent that mastery  
          of academic English affects overall student academic  
          performance, there may be a state interest in answering them. 


          To that end, staff recommends that this bill be amended to  
          delete its current contents and instead require, contingent upon  
          an appropriation provided for this purpose, an evaluation of the  
          LAUSD Mastery of Academic English program, through a partnership  
          with the University of California, Los Angeles Center X.  This  
          evaluation would support data collection and analysis, focused  
          around policy questions regarding identification, assessment,  
          curriculum, instruction, professional development, and  
          definitions of proficiency, with a specified timeline for  
          completion.


          Prior legislation.  AB 1249 (Davis) of the 2011-12 Session would  
          have expanded the definition of "English learner" to include  
          pupils whose native language is English and whose mastery of the  
          standard English language or academic English is limited due to  
          their use of nonstandard English.  This bill died in the  
          Assembly Education Committee.


          AB 1988 (Davis) of the 2011-12 Session would have required that  








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          the SBE policies ensure that the English language arts  
          curriculum framework and instructional materials include  
          strategies to address the language and literacy needs of pupils  
          who use African American vernacular English.  This bill died in  
          the Assembly Appropriations Committee.


          SB 205 (Haynes) of the 1997-98 Session, as heard in the Senate  
          Education Committee, would have required the CDE to terminate  
          the Proficiency in Standard English for Speakers of Black  
          Language program, and would have prohibited the teaching of  
          non-standard English. 





          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file




          Opposition


          California Teachers Association




          Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087








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