BILL NUMBER: AB 2350 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 18, 2016
An act to amend Section 44253.2 of, and to add Article 5.5
(commencing with Section 60080) to Chapter 1 of Part 33 of Division 4
of Title 2 of, the Education Code, relating to English learners.
LEGISLATIVE COUNSEL'S DIGEST
AB 2350, as amended, O'Donnell. English learners.
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.
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 specify 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 graduation, grade promotion,
or meeting specified college admission standards, and would
require credit toward graduation to be conferred for courses designed
for long-term English learners, except as specified. 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 and charter
schools. The bill would also require the department to revise
its existing research-based guidance document
on improving the education of English learners.
Existing law authorizes the Commission on Teacher Credentialing to
issue an authorization to teach specially designed content
instruction delivered in English, as defined, to
limited-English-proficient English learner
pupils.
This bill would revise the definition of "specially designed
content instruction delivered in English" for purposes of specified
teacher credentialing provisions.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(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.
(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.
(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.
(d) On the 2015 administration of the California Assessment of
Student Performance, 11 percent of English learners in all grades met
or exceeded standard standards 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.
(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.
(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 English learners'
language and academic needs.
(g) Graduation rates for English learners are lower than for the
general population and for other subgroups of pupils. According to
the State Department of Education, the overall 2013-14 four-year
cohort graduation rate was 81 percent, while the rate for English
learners was 65 percent, the lowest of any subgroup besides pupils in
special education. The dropout rate for English learners, at 21
percent, was the highest of any subgroup.
(h) 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.
(i) There are many options for addressing the issues of access and
course offerings for English Learners in middle and high school.
SEC. 2. Section 44253.2 of the Education Code is amended to read:
44253.2. For purposes of this chapter, the following terms shall
have the following meanings, unless the context otherwise requires:
(a) "Instruction for English language development" means
instruction designed specifically for
limited-English-proficient English learner
pupils to develop their listening, speaking, reading, and writing
skills in English.
(b) "Specially designed content instruction delivered in English"
or "specially designed academic instruction in English" means
instruction in a subject area, delivered in English, that is
specially designed to meet the needs of
limited-English-proficient English learner
pupils, and the focus of which is on instruction of the state
academic content standards and on increasing the comprehensibility of
academic content in courses normally provided to
fluent-English-proficient and English-only pupils.
(c) "Content instruction delivered in the primary language" means
instruction in a subject area delivered in the primary language of
the pupil.
(d) "Instruction for primary language development" means
instruction designed to develop a pupil's listening, speaking,
reading, and writing skills in the primary language of the pupil.
(e) "Culture and cultural diversity" means an understanding of
human relations, including the following:
(1) The nature and content of culture.
(2) Cross cultural contact and interactions.
(3) Cultural diversity in the United States and California.
(4) Approaches to providing instruction responsive to the
diversity of the pupil population.
(5) Recognizing and responding to behavior related to bias based
on the characteristics listed in Section 220.
(6) Techniques for the peaceful resolution of conflict.
SEC. 3. 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 5.5. English Learners
60080. (a) The English Language Arts/English Language Development
Framework adopted by the state board pursuant to Section 60207
states that English learners at all English proficiency levels and at
all ages require a comprehensive program of English language
development that includes 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.
60080. 60081. (a) 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:
(1) Enrolling in core curriculum courses in English language arts
or any other course required for graduation or to meet
graduation, grade promotion, or meeting
the a-g subject requirements for admission to the University of
California or the California State University.
(2) Taking a full course load in core subjects required for
graduation or to meet graduation, grade
promotion, or meeting the a-g subject requirements for
admission to the University of California or the California State
University.
(b) Subdivision (a) shall not apply to a pupil participating in an
articulated newcomer program unless the pupil meets the local
educational agency's exit criteria for transition into a general
education program. For purposes of this section, "articulated
newcomer program" means a separate, sometimes self-contained program
that meets all of the following criteria:
(1) The program is designed to meet the academic and transitional
needs of newly arrived immigrants.
(2) Instruction is aligned with state academic content standards
in content areas for which standards are adopted.
(3) Instruction for learning English is aligned with English
language development standards.
(4) When possible, instruction in the core subjects of
mathematics, science, and history-social science are offered in the
pupil's primary language.
60081. 60082. If a local
educational agency offers a an English
language development course designed for long-term English
learners, the course shall confer credits in English language arts
necessary to meet grade promotion or 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.
60082. (a) The English Language Arts/English Language Development
Framework adopted by the state board pursuant to Section 60207
states that English learners at all English proficiency levels and at
all ages require a comprehensive program of English language
development that includes 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.
60083. (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. In order
to provide a companion resource to the video series, the department
shall revise its existing research-based guidance document on
improving the education of English learners. This document may
include guidance on the implementation of Sections 60081 and 60082.
(b) 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.
(c) The video series shall include information on designing
English language development courses for the middle and high school
grades that are also English language arts courses that allow pupils
to accrue credit toward graduation, including, to the extent
possible, course outlines from school districts that have adopted
such a model.
(d) The video series shall include information on courses
developed by school districts that are English language development
courses for the middle and high school grades that are also English
language arts courses that have been accepted as a-g courses for
admission to the University of California and California State
University, including, to the extent possible, course outlines from
school districts that have adopted such a model.
(e)
(b) In developing the video series,
series and research document, the department shall compile
program models that address the structuring of the school
day to allow for instruction in academic content and in English
language development. implementation of designated and
integrated instruction during the schoolday that allows pupils to
access English language development and academic content. The
department shall include information on how to implement these
models in the series. models.
(f)
(c) In developing the video series,
series and resear ch document, the department
shall convene a group of experts and request public input.
(g)
(d) By the beginning of the 2018-19
2019-20 school year, the video series and research
document shall be completed and made available for voluntary
use by local educational agencies and charter schools.
(e) Implementation of this section is contingent upon funding
being provided for this purpose in the annual Budget Act or another
statute.
SEC. 4. 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.