Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2350

Introduced by Assembly Member O'Donnell

February 18, 2016

An act to begin delete amend Section 313 of end delete begin insert add Article 5.5 (commencing with Section 60080) to Chapter 1 of Part 33 of Division 4 of Title 2 of end insert the Education Code, relating to English learners.

LEGISLATIVE COUNSEL’S DIGEST

AB 2350, as amended, O'Donnell. English begin delete learners: English language proficiency assessment. end delete begin insert learners. end insert

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Existing law requires the State Board of Education to adopt curriculum frameworks and evaluation criteria that are aligned to specified content standards for English language arts on or before July 30, 2014.

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This bill would define the terms “designated English language development” and “integrated English language development” for purposes of the English Language Arts/English Development Framework adopted by the state board, as specified. The bill would state that a middle or high school pupil who is enrolled in an English language development course or is classified as an English learner shall not be prevented from enrolling in specified other courses required for graduation or in courses that meet specified college admission standards, and would require credit toward graduation to be conferred for courses designed for long-term English learners. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the State Department of Education to contract for the development of a video series demonstrating best practices for implementing designated and integrated English language development, and to make the video series available for use by local educational agencies.

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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.

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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.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature finds and declares all of the
following:

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(a) California is home to the largest population of English
learners in the country, and one in three English learners in the
United States resides in California.

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(b) There are approximately 1.4 million English learners in
California public schools. About 2.7 million pupils speak a
language other than English in their homes, representing about
43 percent of the state’s public school enrollment.

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(c) California’s English learner pupils score substantially lower
on state assessments than non-English learner pupils. While there
has been incremental growth in achievement among pupils in the
general population, scores for English learners have largely
remained static, widening the achievement gap between English
learners and their peers over time.

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(d) On the 2015 administration of the California Assessment of
Student Performance, 11 percent of English learners in all grades
met or exceeded standard in English language arts/literacy and
11 percent in math, compared with 69 percent and 55 percent for
those subjects, respectively, for pupils proficient in English.

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(e) The English Language Arts/English Language Development
Framework adopted by the State Board of Education in 2014
represents an important state endorsement of the use of both
designated English language development and the integration of
English language development across the curriculum. This
combined approach will require major changes in teaching and
learning for all pupils, including English learners, and there is a
need for training for, and technical assistance to, teachers and
administrators on implementing these instructional reforms.

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(f) Recent research has found that English learners are less
likely than non-English learners to be enrolled in core academic
subject courses and, as a result, earn fewer credits than
non-English learner pupils. Research has further found that limited
access to English language arts is largely due to English language
development classes being used as substitutes for, rather than
complements to, English language arts, and due to the enrollment
of elementary and secondary English learners in intervention
classes for English language arts and math that are not designed
for the learners’ language and academic needs.

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(g) English language development classes aligned to the state
English Language Development standards are designed to give
access to core academic subjects while developing English
proficiency, and are part of the academic core for English learners.

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(h) There are many options for addressing the issues of access
and course offerings for English Learners in middle and high
school.

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(i) Graduation rates for English learners are lower than for the
general population and for other subgroups of students. According
to the State Department of Education, the overall 2013-14
four-year cohort graduation was 81 percent, while the rate for
English learners was 65 percent, the lowest of any subgroup
besides students in special education. The dropout rate for English
learners, at 21 percent, was the highest of any subgroup.

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begin insert SEC. 2. end insert   

Article 5.5 (commencing with Section 60080) is added
to Chapter 1 of Part 33 of Division 4 of Title 2 of the Education
Code, to read:

 

Article begin insert 5.5. end insert   English Learners

 

begin insert 60080. end insert   

Except for pupils participating in articulated newcomer
programs, a middle or high school pupil who is enrolled in an
English language development course or who is classified as an
English learner shall not be prevented from doing either of the
following:

(a) Enrolling in core curriculum courses in English language
arts or any other course required for graduation or to meet the
a-g subject requirements for admission to the University of
California or the California State University.

(b) Taking a full course load in core subjects required for
graduation or to meet the a-g subject requirements for admission
to the University of California or the California State University.

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If a local educational agency offers a course designed
for long-term English learners, the course shall confer credits in
English language arts necessary to meet graduation requirements.
It is the intent of the Legislature that local educational agencies
submit those courses to the University of California and California
State University for approval to meet the a-g subject requirements
for admission.

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(a) The English Language Arts/English Language
Development Framework adopted by the state board in 2014 states
that English learners at all English proficiency levels and at all
ages require both integrated English language development and
specialized attention to their particular language learning needs,
otherwise known as designated English language development, as
part of their daily curriculum.

(b) The following definitions shall apply to the English Language
Arts/English Language Development Framework referenced in
subdivision (a):

(1) “Designated English language development” means
instruction designed for English learners according to their level
of English proficiency to overcome language barriers in a
reasonable amount of time, during a protected time in the regular
schoolday, in which teachers use the California English Language
Development Standards as the focal standards in ways that build
into and from content instruction in order to develop the critical
language that English learners need for content learning in
English.

(2) “Integrated English language development” means
instruction in which all teachers with English learners in their
classrooms, regardless of the course content, use the California
English Language Development Standards in tandem with the
California state standards.

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(a) The department shall contract for the development
of a series of videos demonstrating best practices for implementing
designated and integrated English language development in
transitional kindergarten to grade 12, inclusive, and shall make
the series available on the department’s Internet Web site.

(b) In developing the video series, the department shall compile
program models that address the structuring of the school day to
allow for instruction in the full curriculum and in English language
development. The department shall include information on how
to implement these models in the series.

(c) In developing the video series, the department shall convene
a group of experts and request public comment.

(d) The video series shall be designed to assist local educational
agencies in providing instruction in designated English language
development and integrated English language development across
different content areas.

(e) By the beginning of the 2017-18 academic year, the video
series shall be completed and made available for voluntary use
by local educational agencies.

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begin insert SEC. 3. end insert   

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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.

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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 use the English language
development test 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 use the English language development test 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 (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 (2), the initial
assessment of the pupil shall be conducted as part of the annual
assessment conducted pursuant to paragraph (2).

(4) Notwithstanding paragraph (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 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 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 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.

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