Amended in Senate August 1, 2016

Amended in Senate June 28, 2016

Amended in Assembly May 27, 2016

Amended in Assembly April 19, 2016

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 amend Section 44253.2 of, and to add begin delete Article 5.5 (commencing with Section 60080) to Chapter 1 of Part 33 of Division 4 of Title 2 of, end delete begin insert end insert begin insert Sections 60811.6 and 60811.8 to, end insert 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 specify that, except as provided, 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, begin insert middle school end insert grade promotion, or meeting specified college admission begin delete standards. The bill would require English language development courses designed for long-term English learners to be sufficiently rigorous to confer credit in English language arts necessary for grade promotion or graduation and would require credit to be conferred for those courses. end delete begin insert standards, as applicable. end insert By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

Existing law authorizes the Commission on Teacher Credentialing to issue an authorization to teach specially designed content instruction delivered in English, as defined, to 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 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 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 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.

begin delete

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.

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, 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, grade promotion, or meeting the a-g subject
requirements for admission to the University of California or the
California State University.

(b) (1) Subdivision (a) shall not apply to a pupil participating
in a program designed to meet the academic and transitional needs
of newly arrived immigrants unless the pupil meets the local
educational agency’s exit criteria for transition into a general
education program.

(2) The department may provide guidance on the implementation
of this subdivision.

60082.  

If a local educational agency offers an English language
development course designed for long-term English learners, the
course shall be sufficiently rigorous to confer credit and shall
confer credit 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 for approval to meet the subject
matter requirements for purposes of recognition for college
admission pursuant to Section 66205.5.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 60811.6 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60811.6. end insert   

(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.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 60811.8 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 60811.8. end insert   

(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, middle school
grade promotion, or meeting the subject matter requirements for
purposes of recognition for college admission pursuant to Section
66205.5, as applicable.

(2) Taking a full course load in core subjects required for
graduation, middle school grade promotion, or meeting the subject
matter requirements for purposes of recognition for college
admission pursuant to Section 66205.5, as applicable.

(b) (1) Subdivision (a) shall not apply to a pupil participating
in a program designed to meet the academic and transitional needs
of newly arrived immigrants unless the pupil meets the local
educational agency’s exit criteria for transition into a general
education program.

(2) The department may provide guidance on the implementation
of this subdivision.

end insert

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

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.