AB 2350, as introduced, O'Donnell. English learners: English language proficiency assessment.
Existing law requires each school district that has one or more pupils who are English learners and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each of those pupils in order to determine their level of proficiency. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires that the assessment primarily use the English language development test identified or developed, or developed or acquired, by the Superintendent pursuant to a specified statute.
This bill would delete English language development tests that are identified or acquired, but not developed, from tests that may be used by the assessment referenced above. The bill would also make nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 313 of the Education Code is amended
2to read:
(a) Each school district that has one or more pupils who
4are English learners and, to the extent required by federal law,
5each county office of education and each charter school shall assess
6the English language development of each pupil in order to
7determine the level of proficiency for purposes of this chapter.
8(b) The department, with the approval of the state board, shall
9establish procedures for conducting the assessment required
10pursuant to subdivision (a) and for the reclassification of a pupil
11from English learner to English proficient.
12(c) Commencing with the 2000-01 school year until subdivision
13(d) is implemented, the assessment shall be conducted upon initial
14enrollment, and annually,
thereafter, during a period of time
15determined by the Superintendent and the state board. The annual
16assessments shall continue until the pupil is redesignated as English
17proficient. The assessment shall primarilybegin delete utilizeend deletebegin insert useend insert the English
18language development testbegin delete identified orend delete developed by the
19Superintendent pursuant to Chapter 7 (commencing with Section
2060810) of Part 33 of Division 4 of Title 2.
21(d) (1) This subdivision shall not be implemented unless and
22until the department receives written documentation from the
23United States Department of Education that federal law permits
24the implementation of the changes set forth in this subdivision or
25until
the 2013-14 school year, whichever occurs later.
26(2) The assessment shall be conducted annually during a period
27that commences on the day upon which 55 percent of the
28instructional year is completed through July 1 of that calendar
29year. Annual assessments shall continue until the pupil is
30redesignated as English proficient. The annual assessment shall
31primarilybegin delete utilizeend deletebegin insert useend insert the English language development test
32begin delete identified orend delete developed by the Superintendent pursuant to Chapter
337 (commencing with Section 60810) of Part 33 of Division 4 of
34Title 2.
35(3) The assessment shall be conducted upon the initial
36enrollment
of a pupil in order to provide information to be used
37to determine if the pupil is an English learner.
P3 1(A) If the initial enrollment of a pupil occurs on a date outside
2of the testing period identified pursuant to paragraphbegin delete (1),end deletebegin insert (2),end insert the
3prior year’s annual assessment for the grade in which the pupil is
4enrolling shall be used for this purpose.
5(B) If the initial enrollment of a pupil occurs on a date within
6the testing period identified pursuant to paragraphbegin delete (1),end deletebegin insert (2),end insert
the
7initial assessment of the pupil shall be conducted as part of the
8annual assessment conducted pursuant to paragraphbegin delete (1).end deletebegin insert (2).end insert
9(4) Notwithstanding paragraphbegin delete (1),end deletebegin insert (2),end insert
a school district shall
10assess the English language development of a pupil pursuant to
11this section no more than one time per school year.
12(e) Thebegin delete assessmentsend deletebegin insert assessmentend insert conducted pursuant to
13subdivision (d) shall be conducted in a manner consistent with
14federal statutes and regulations.
15(f) The reclassification procedures developed by the department
16shallbegin delete utilizeend deletebegin insert useend insert multiple criteria in determining whether to
17reclassify a pupil as proficient in English, including, but not limited
18to, all
of the following:
19(1) Assessment of language proficiency using an objective
20assessment instrument, including, but notbegin insert necessarilyend insert limited to,
21the English language development test that is developedbegin delete or acquiredend delete
22 pursuant to Section 60810.
23(2) Teacher evaluation, including, but notbegin insert necessarilyend insert limited
24to, a review of the pupil’s curriculum mastery.
25(3) Parental opinion and consultation.
26(4) Comparison of the performance of the pupil in basic skills
27against an
empirically established range of performance in basic
28skills based upon the performance of English proficient pupils of
29the same age, that demonstrates whether the pupil is sufficiently
30proficient in English to participate effectively in a curriculum
31designed for pupils of the same age whose native language is
32English.
33(g) This section does not preclude a school district or county
34office of education from testing English learners more than once
35in a school year if the school district or county office of education
36chooses to do so.
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