BILL NUMBER: AB 2350	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member O'Donnell

                        FEBRUARY 18, 2016

   An act to amend Section 313 of the Education Code, relating to
English learners.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 313 of the Education Code is amended to read:
   313.  (a) 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 shall assess the
English language development of each pupil in order to determine the
level of proficiency for purposes of this chapter.
   (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 reclassification of a pupil from
English learner to English proficient.
   (c) Commencing with the 2000-01 school year until subdivision (d)
is implemented, the assessment shall be conducted upon initial
enrollment, 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 redesignated as English
proficient. The assessment shall primarily  utilize
  use  the English language development test
 identified or  developed by the Superintendent
pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of
Division 4 of Title 2.
   (d) (1) This subdivision shall not be implemented unless and until
the department receives written documentation from the United States
Department of Education that federal law permits the implementation
of the changes set forth in this subdivision or until the 2013-14
school year, whichever occurs later.
   (2) The assessment shall be conducted annually during a period
that commences on the day upon which 55 percent of the instructional
year is completed through July 1 of that calendar year. Annual
assessments shall continue until the pupil is redesignated as English
proficient. The annual assessment shall primarily  utilize
  use  the English language development test
 identified or  developed by the Superintendent
pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of
Division 4 of Title 2.
   (3) The assessment shall be conducted upon the initial enrollment
of a pupil in order to provide information to be used to determine if
the pupil is an English learner.
   (A) If the initial enrollment of a pupil occurs on a date outside
of the testing period identified pursuant to paragraph  (1),
  (2),  the prior year's annual assessment for the
grade in which the pupil is enrolling shall be used for this purpose.

   (B) If the initial enrollment of a pupil occurs on a date within
the testing period identified pursuant to paragraph  (1),
  (2),  the initial assessment of the pupil shall
be conducted as part of the annual assessment conducted pursuant to
paragraph  (1).   (2). 
   (4) Notwithstanding paragraph  (1),   (2),
 a school district shall assess the English language development
of a pupil pursuant to this section no more than one time per school
year.
   (e) The  assessments   assessment 
conducted pursuant to subdivision (d) shall be conducted in a manner
consistent with federal statutes and regulations.
   (f) The reclassification procedures developed by the department
shall  utilize   use  multiple criteria in
determining whether to reclassify a pupil as proficient in English,
including, but not limited to, all of the following:
   (1) Assessment of language proficiency using an objective
assessment instrument, including, but not  necessarily 
limited to, the English language development test that is developed
 or acquired pursuant to Section 60810.
   (2) Teacher evaluation, including, but not  necessarily 
limited to, a review of the pupil's curriculum mastery.
   (3) Parental opinion and consultation.
   (4) 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 whose native language is English.

   (g) This section does not preclude a school district or county
office of education from testing English learners more than once in a
school year if the school district or county office of education
chooses to do so.