BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 6, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 2350  
          (O'Donnell) - As Amended March 28, 2016


          SUBJECT:  English learners


          SUMMARY:  Prohibits English learners (ELs) in middle and high  
          school from being prevented from enrolling in core curriculum  
          courses and courses required for graduation, requires that  
          courses designed for long term English learners (LTELs) be  
          offered for graduation credit, and requires the California  
          Department of Education (CDE) to create a video-based  
          professional development series on integrated and designated  
          English Language Development (ELD).


          Specifically, this bill:  


          1)Makes findings and declarations relative to the achievement  
            gap between English learners and other students.



          2)Prohibits, with the exception of articulated newcomer  
            programs, a middle or high school student who is an English  
            learner or who is enrolled in an English language development  
            course from being prevented from either of the following:









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             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 (UC) or the California State  
               University (CSU)



             b)   taking a full course load in core subjects required for  
               graduation to meet the a-g subject requirements for  
               admission to the UC or the CSU



          3)Requires that, if a local educational agency (LEA) offers a  
            course designed for LTELs, that course confer credits in  
            English language arts necessary to meet graduation  
            requirements.  States the intent of the Legislature that LEAs  
            submit those courses to the UC and the CSU for approval to  
            meet a-g subject requirements for admission.



          4)States that the English Language Arts/English Language  
            Development Framework adopted by the State Board of Education  
            (SBE) in 2014 states that English learners at all levels  
            require both integrated and designated ELD, defined as  
            follows:



             a)   designated ELD:  instruction designed for ELs according  
               to their level of English proficiency to overcome language  
               barriers in a reasonable amount of time, during a protected  
               time in the regular school day, in which teachers use the  
               ELD standards in ways that build into and from content  
               instruction in order to develop critical language they need  








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               for content learning in English.



             b)   integrated ELD:  instruction in which all teachers with  
               ELs in their classrooms, regardless of course content, use  
               the California ELD standards in tandem with the state  
               content standards



          5)Requires the CDE to contract for the development of a series  
            of videos demonstrating best practices for implementing  
            designated and integrated ELD in grades transitional  
            Kindergarten through grade 12, and make the series available  
            on the CDE website.  Requires that:


             a)   in developing the series the CDE convene a group of  
               experts and request public comment


             b)   the series be designed to assist LEAs in providing  
               instruction in designated and integrated ELD


             c)   the series be completed and available for use by the  
               2017-18 academic year


             d)   the CDE compile and include in the series program models  
               that address the structuring of the school day to allow for  
               instruction in the full curriculum and ELD, and means of  
               implementing these models.


          EXISTING LAW: 










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          1)Requires the State Board of Education (SBE) to approve  
            standards for English language development for students whose  
            primary language is a language other than English. Requires  
            that these standards be comparable in rigor and specificity to  
            the adopted standards for English language arts, the standards  
            for mathematics, and the standards for science.


          2)Establishes state high school graduation requirements,  
            including three courses in English.  Permits local educational  
            agencies to adopt additional requirements for graduation which  
            exceed those of the state.


          3)Defines "English learner" or "student of limited English  
            proficiency," and requires each school district to assess the  
            English language development of each of those students within  
            30 days of initial enrollment and annually thereafter until  
            the students are redesignated as fluent English proficient. 


          4)Requires the CDE, with the approval of the SBE, to establish  
            procedures for the reclassification of a student from English  
            learner to English proficient. Requires that the  
            reclassification procedures developed by the CDE use multiple  
            criteria in determining whether to reclassify a student,  
            including, but not limited to, all of the following: 


             a)   assessment of language proficiency using an objective  
               assessment instrument, including, but not limited to, the  
               California English Language Development Test (CELDT)



             b)   teacher evaluation, including, but not limited to, a  
               review of the student's curriculum mastery










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             c)   parent opinion and consultation 



             d)   comparison of the performance of the student in basic  
               skills with those of his or her peers 



          5)Defines an LTEL as an English learner who meets all of the  
            following criteria:



             a)   is enrolled in any of grades 6 to 12, inclusive
             b)   has been enrolled in schools in the United States for  
               six years or more





             c)   has remained at the same English language proficiency  
               level for two or more consecutive prior years, or has  
               regressed to a lower English language proficiency level, as  
               determined by the English language development test or a  
               score determined by the Superintendent on any successor  
               test



             d)   for a student in any of grades 6 to 9, has scored far  
               below basic or below basic on the prior year's English  
               language arts test, or a score determined by the  
               Superintendent of Public Instruction (SPI) on any successor  
               test










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          6)Requires that the CDE annually ascertain and report the number  
            of students who are, or are at risk of becoming, long-term  
            English learners and to provide this information to school  
            districts and schools.



          7)Title VI of the federal Civil Rights Act of 1964 prohibits  
            recipients of federal financial assistance, including school  
            districts, from discriminating on the basis of race, color, or  
            national origin.  Title VI's prohibition on national origin  
            discrimination requires school districts to take "affirmative  
            steps" to address language barriers so that EL students may  
            participate meaningfully in schools' educational programs.

          FISCAL EFFECT:  This bill has been keyed a state-mandated local  
          program by the Office of Legislative Counsel


          COMMENTS:  


          Need for the bill.  The author's office states:  "The  
          achievement gap between California's English learners and their  
          peers is a central challenge facing in our public education  
          system.  


          California's English learner students score substantially lower  
          on state assessments than non-English learner students, graduate  
          from high school at lower rates, and attend postsecondary  
          institutions at lower rates.  While there has been incremental  
          growth in achievement among students in both the general  
          population and English learners, the rate of growth in the  
          general population has significantly outpaced that of English  
          learners.  As a result, the achievement gap has actually widened  
          over time. Results from the first administration of our Common  
          Core-aligned assessments suggest that the gap may be widening  








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          further.

           As our state focuses on ensuring that every student is college  
           or career ready, we must address barriers and support effective  
           practices so that our system is worthy of our students'  
           potential.  Recent evidence has pointed to a number of  
           institutional barriers to English learners' success, including  
           secondary English learners' poor access to the core curriculum  
           and insufficient teacher preparation and professional  
           development to address the instructional needs of English  
           learners, particularly in light of the state's new English  
           language development standards.  





          AB 2350 will improve English learners' access to the core  
          curriculum and will support educators in improving English  
          language development instruction.  This bill will ensure that  
          English learners are not held back from enrolling in core  
          curriculum courses necessary for graduation.  It will ensure  
          that special courses designed for long term English learners  
          these students continue to move students along the path toward  
          graduation.  And it will establish a professional development  
          resource for teachers on California's groundbreaking English  
          language development standards.   These standards represent  
          provide new and promising opportunities to meet the language and  
          content learning needs of our students."


          English learner achievement gap.  There are approximately 1.4  
          million English learners in California public schools,  
          representing 22% of the state's enrollment.  2.7 million  
          students speak a language other than English in their homes,  
          representing about 43 percent of the state's public school  
          enrollment.  73% of English learners are enrolled in the  
          elementary grades, and 27% are enrolled in the secondary grades.  
           One in three English learners in the U.S. resides in  








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          California.





          California's English learner students score substantially lower  
          on state assessments than non-English learner students.  While  
          there has been incremental growth in achievement among students  
          in both the general population and English learners, the rate of  
          growth in the general population has significantly outpaced that  
          of English learners.  As a result, the achievement gap has  
          widened over time. 

                 On the state's California Standards Tests (CSTs) of  
               English language arts in grades 3, 5, 8, and 10, the gap  
               between English learners and their peers widened between  
               2003 and 2009.  

                 On the 2013 CSTs of English language arts, 23% of  
               English learners scored at the proficient or advanced  
               levels, compared with 63% of English-only peers, and on the  
               tests of mathematics 37%% scored at those levels compared  
               with 55%% of their peers.



                 On the 2015 administration of the California Assessment  
               of Student Performance and Progress (CAASPP), 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 students proficient in English.  While it  
               is not possible to draw direct comparisons between the  
               above CAASPP results and those from the CSTs, there is at  
               least a strong suggestion that the achievement gap relative  
               to Common Core standards is even greater.  

                 Graduation rates for English learners are also lower  








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               compared to the general population and other subgroups.   
               According to the CDE, the overall 2013-14 four-year cohort  
               graduation was 81%, while the rate for English learners was  
               65%, the lowest of any subgroup besides students in special  
               education.  The dropout rate for English learners, at 21%,  
               was the highest of any subgroup.



                 In 2014, the pass rate of English learners on the  
               California High School Exit Examination language arts test  
               was half the rate of English only peers (17% vs. 34%), and  
               was also lower on the mathematics portion (13% vs. 20%).  



                 Data from 2008-09 show that English learners high school  
               graduates attend postsecondary institutions at the rate of  
               52%, compared with 74% of English-only students.

          When viewing this data it is important to note that English  
          learners who have achieved proficiency in English and have been  
          reclassified are no longer included in the English learner  
          subgroup.  
           
          Recent reports highlight key policy issues related to the  
          achievement gap.  A number of organizations have recently  
          produced reports and policy briefs on the English learner  
          achievement gap in California.  Publications by Californians  
          Together, Policy Analysis for California Education, EdTrust  
          West, and the Civil Rights Project at the University of  
          California, Los Angeles addressed a variety of issues, but  
          generally aligned around the need to:

                 Improve reclassification policy
                 Increase ELs' access to core academic courses 


                 Improve data collection and reporting 








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                 Support biliteracy as a viable strategy 


                 Improve teacher preparation and professional development  
               to address needs of ELs



          This bill addresses two of these issues:  access to the core  
          curriculum for ELs, and professional development to address the  
          instructional needs of ELs. 





          The issues of data reporting and statewide reclassification  
          policy are not addressed by this bill, but they are addressed by  
          the new federal Every Student Succeeds Act (ESSA), as described  
          later in this analysis.  Reclassification is also the subject of  
          a bill this Session (AB 491, Gonzalez) which is pending in the  
          Senate.  





          The issue of biliteracy is addressed by an initiative which will  
          appear before the voters at the November, 2016 election.  This  
          measure was placed on the ballot by the Legislature through its  
          approval of SB 1174 (Lara, Chapter 753, Statutes of 2014).  If  
          approved by the voters, this measure would amend and repeal  
          various provisions of Proposition 227 of 1998, including  
          repealing the requirement that all children be taught English by  
          being taught in English, and instead would allow LEAs, in  
          consultation with language experts in the field and parents, to  
          determine the best language instruction methods and language  








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          acquisition programs to implement.  



          Access to the core curriculum for English learners.  This bill  
          addresses English learners' access to core curriculum courses in  
          middle and high school by prohibiting ELs from being prevented  
          from taking core curriculum courses and courses necessary for  
          graduation.

          Policy Analysis for California Education's (PACE) 2015 report,  
          "Improving the Opportunities and Outcomes of California's  
          Students Learning English," reported findings from research  
          conducted by three school district-university research  
          partnerships focused on examining English learner needs,  
          policies, practices, and outcomes.  This research found that ELs  
          are less likely than non-ELs to be enrolled in core academic  
          subject courses and, as a result, earn fewer credits toward  
          graduation than non-EL students.  The research further found  
          that limited access to ELA is largely due to 1) ELD courses  
          being used as a substitute, rather than a complement, for ELA  
          courses, and 2) the enrollment of elementary and secondary ELs  
          in intervention classes for language arts and math which were  
          not designed for ELs' language and academic needs. 

          This research found that in one large urban school district, 30%  
          of ELs were not enrolled in ELA courses, and 35% were not  
          enrolled in a full course load.  PACE concluded, "research from  
          the three partnerships suggests that English learners often  
          suffer from restricted educational opportunity compared to that  
          of non-English learners, particularly with regard to their  
          academic learning needs."  

          The report also noted that, while some students were prohibited  
          from taking ELA courses because they were enrolled in ELD  
          courses, the content area preventing ELs from being reclassified  
          was generally ELA itself.  This finding suggests that some  
          English learners are stuck in a kind of trap - unable to access  
          ELA courses until they are proficient in ELA.








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          Credit-bearing LTEL courses.  This bill requires that districts  
          offering courses specially designed for long term English  
          learners be offered as credit-bearing courses. 

          The first data available identifying the number and percentage  
          of LTELs was produced by the CDE in draft form in December, 2014  
          and provided to school districts and county offices of  
          education.  These data reflected the LTEL definition in the law  
          prior to recent changes required by SB 750 (Mendoza, Chapter  
          660, Statutes of 2015).  The 2014 data indicate the following:

           Of the approximately 471,000 English learners in grades 6-12  
            (who were not previously reclassified), approximately 339,000  
            had been in a U.S. school for more than six years.



           Of the approximately 339,000 English learners who have been in  
            U.S. schools for more than six years, approximately 90,000 are  
            LTELs.  This represents 26.5% of the population which could be  
            identified under the law at that time (note that this  
            percentage applies to the group of English learners who were  
            not previously reclassified).
          
          Some school districts have begun designing courses for LTELs  
          which are both ELD and ELA courses, and which offer credit  
          toward graduation requirements.  This practice addresses both  
          the issue of access to the core curriculum and also the  
          "crowding out" of EL students' schedules, a problem which occurs  
          when the need to take courses in both ELD and ELA prevents  
          students from enrolling in other courses.  To assist LEAs in  
          developing and offering credit-bearing courses for English  
          learners which meet these requirements, staff recommends that  
          this be amended to require that the video professional  
          development modules required by this bill include information on  
          developing credit-bearing ELD courses.  

          Districts which have created credit-bearing LTEL courses include  








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          Los Angeles Unified School District, Anaheim Union High School  
          District, and Ventura Unified School District.  Los Angeles  
          Unified School District also sought and obtained "A-G" credit  
          (for CSU and UC admissions) for their LTEL course, an additional  
          step encouraged by this bill (see below for more information on  
          the treatment of ELD courses for UC and CSU admissions credit).   
          

          "Integrated and designated" English language development and the  
          need for professional development.  This bill defines  
          "integrated and designated" ELD, and requires the CDE to provide  
          video-based professional development on how to implement this  
          instructional model.

          Instruction for English learners has evolved significantly in  
          the last 40 years, from an emphasis solely on English  
          acquisition to a focus on access to content, to the current  
          "integrated and designated" model.  Initial "English as a Second  
          Language" (ESL) approaches used from 1900 to the 1970's focused  
          solely on English acquisition.  Content-based ESL emerged in the  
          1980's, providing support for English acquisition through  
          academic content.  Models known as Specially Designed Academic  
          Instruction in English and Sheltered English, in use from the  
          1980's to the present day, have focused on providing English  
          learners access to content through modified (sometimes referred  
          to as "scaffolded") instruction.   

          The English Language Arts/English Language Development Framework  
          adopted by the State Board of Education in 2014 provides a  
          comprehensive strategy for meeting both the content and language  
          learning needs of ELs.  This model is known as the "integrated  
          and designated" model of ELD, defined in this bill as follows:

           Integrated ELD instruction occurs throughout the school day in  
            every subject area by every teacher who has an EL student in  
            the classroom. The CA ELD Standards are used in tandem with  
            the California Common Core State Standards for ELA/Literacy  
            and other content standards to ensure students strengthen  
            their abilities to use academic English as they learn content  








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            through English. 



           Designated ELD is provided to ELs during a protected time in  
            the regular school day. Teachers use the California ELD  
            Standards as the focal standards in ways that build into and  
            from content instruction to develop critical language ELs need  
            for content learning in English. Ideally, students are grouped  
            for designated ELD by English language proficiency levels  
            (Emerging, Expanding, Bridging), although schools need to  
            consider their particular student population (e.g., number of  
            ELs at each proficiency level) and make appropriate decisions  
            about grouping.

          In 2015 the SBE approved a list of adopted instructional  
                                              materials aligned to this framework, and LEAs will be piloting  
          and selecting instructional materials in the next few years.

          There is wide acknowledgement that this shift to designated and  
          integrated instruction represents a major shift in pedagogy, and  
          that teachers will require support in implementing this model.   
          There appears to be a local demand for technical assistance and  
          professional development; CDE reports that they have received  
          requests for guidance in implementing this model.  

          The CDE is also in the process of developing a new assessment  
          for English learners to replace the CELDT.  This test, known as  
          the English Language Proficiency Assessments for California  
          (ELPAC), will be administered by 2018, and will be aligned with  
          the 2012 California English Language Development Standards.  It  
          will be comprised of two separate ELP assessments: one for the  
          initial identification of students as ELs, and a second for the  
          annual summative assessment to measure a student's progress in  
          learning English and to identify the student's level of English  
          proficiency.

          ELD courses to fulfill the "A-G" course requirements.  This bill  
          encourages school districts offering courses designed for LTELs  








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          to submit those courses for approval as "A-G" courses for the  
          purpose of UC and CSU admissions.


          Current CSU and UC policy allows advanced-level English courses  
          for second language learners to be approved to meet the English  
          ("b") subject requirement, provided that they meet specified  
          measures of rigor and are comparable to other mainstream  
          college-preparatory English courses.  This policy allows  
          students to use a maximum of one year of ELD coursework to count  
          toward the four-year English requirement.  UC does not grant  
          credit for an ELD course taken during the senior year.   
          Sheltered English and SDAIE courses can be approved as meeting  
          "A-G" requirements without approval, but ESL and ELD courses  
          must be submitted separately for approval.

          ESSA's new requirements regarding English learners.  The federal  
          Every Student Succeeds Act (ESSA), signed into law in 2015,  
          establishes new requirements relating to the education of  
          English learners.  According to the Council of Chief State  
          School Officers, ESSA includes new requirements to:

                 Report on number and percentage of ELs 1) meeting  
               state-determined long-term goals, disaggregated by  
               disability, 2) attaining English proficiency, 3) meeting  
               challenging state academic standards for 4 years after  
               exiting, disaggregated by disability, and 4) who have not  
               attained proficiency within 5 years of classification

                 Include ELs' progress in attaining proficiency in  
               English in state accountability systems (instead of solely  
               within the Title III program)

                 Use standardized statewide entrance and exit procedures  
               for identifying ELs.

                 Align state ELD assessments with state ELA proficiency  
               standards.









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                 (Permits states to) use scores of reclassified ELs for  
               up to four years after reclassification, in the EL subgroup  
               for purposes of state accountability systems

          Recommended amendments.  Staff recommends the following  
          amendments to meet the author's intent:


             1.   Re-order one intent section and on page 3 line 30 strike  
               "the" and add "English" 


             2.   On page 4 lines 11-12, amend the reference to newcomer  
               programs to ensure consistency with federal law.


             3.   On page 4 line 31 replace "in 2014" with a reference to  
               the section authorizing the ELA framework revision


             4.   On page 5 line 26, change "comment" to "input."


             5.   On page 5 line 31 change "2017-18" to "2018-19" to  
               change the date by which the video series must be  
               completed.


             6.   On page 5 line 33, after "agencies" add "and charter  
               schools."


             7.   Clarify that the requirements in subdivision a) apply to  
               middle schools as applicable.


             8.   On page 4, line 3, after "require" insert a  








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               comprehensive program of English Language development that  
               includes"


             9.   On page 5, line 22, replace "the full curriculum" with  
               "academic content."


             10.  As noted above, add a requirement that the professional  
               development modules required by this bill include  
               information on developing credit-bearing ELD courses at the  
               secondary level.


             11.  Add a section amending the current definition of  
               specially designed academic instruction in English to  
               conform to the "designated" and "integrated" ELD model.

          Related legislation.  AB 491 (Gonzales) of this Session requires  
          the CDE to recommend, and the SBE to adopt, best practices for  
          the reclassification of English learners, by July 2022.  AB 491  
          largely extends a requirement in current law SB 1108 (Padilla),  
          Chapter 434, Statutes of 2012, which was never fulfilled.  





          SB 1174 (Lara), Chapter 753, Statutes of 2014, if approved by  
          the voters, would amend and repeal various provisions of  
          Proposition 227 of 1998, including repealing the requirement  
          that all children be taught English by being taught in English,  
          and instead would allow LEAs, in consultation with language  
          experts in the field and parents, to determine the best language  
          instruction methods and language acquisition programs to  
          implement.  











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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Californians Together (co-sponsor)


          State Superintendent of Public Instruction Tom Torlakson  
          (co-sponsor)


          California Association for Bilingual Education


          Los Angeles Unified School District




          Opposition


          None received




          Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087













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