BILL ANALYSIS Ó AB 2350 Page 1 ASSEMBLY THIRD READING AB 2350 (O'Donnell) As Amended May 27, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Education |7-0 |O'Donnell, Olsen, | | | | |Kim, McCarty, | | | | |Santiago, Thurmond, | | | | |Weber | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ AB 2350 Page 2 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 English Language Development (ELD) and revise a publication on improving instruction for ELs. Specifically, this bill: 1)Prohibits a middle or high school student who is enrolled in an English language development course or who is classified as an English learner from being prevented from doing either of the following: a) 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 (UC) or the California State University (CSU) b) Taking a full course load in core subjects required for graduation, grade promotion, or meeting the a-g subject requirements for admission to the UC or CSU 1)States that this requirement does not apply to a student participating in an articulated newcomer program unless the student meets the local educational agency's (LEA's) exit criteria for transition into a general education program. Defines, for purposes of this requirement, "articulated newcomer program" as a separate, sometimes self-contained program that meets all of the following criteria: AB 2350 Page 3 a) The program is designed to meet the academic and transitional needs of newly arrived immigrants b) Instruction is aligned with state academic content standards in content areas for which standards are adopted c) Instruction for learning English is aligned with ELD standards d) When possible, instruction in the core subjects of mathematics, science, and history-social science are offered in the student's primary language 1)Requires that, if an LEA offers a course designed for LTELs, that the course confer credits in English language arts necessary to meet graduation or grade promotion 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. 2)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; and requires the CDE to revise its existing research-based guidance document on improving the education of English learners. Requires that in developing the series the CDE to: a) Compile program models that address the implementation of designated and integrated ELD instruction during the school day that allows students to access ELD and academic content AB 2350 Page 4 b) Convene a group of experts and request public input c) Complete the series and revised document by the beginning of the 2019-20 school year 1)States that implementation of requirement to produce the video series and revised document is contingent upon funding being provided for this purpose in the annual Budget Act or another statute. 2)Defines "integrated and designated" ELD as used in the ELD standards. States that the English Language Arts/English Language Development Framework adopted by the State Board of Education 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 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 1)Changes the term "limited English proficient" to "English AB 2350 Page 5 learner" in a section related to credentialing of teachers to serve English learners, and aligns the definition of "specially designed content instruction in English" with the one used in the state's ELD standards. FISCAL EFFECT: According to the Assembly Appropriations Committee, administrative costs to the CDE of approximately $1.2 million (federal Title III), over three years, to develop best practices videos and update guidance documents on instruction. 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 further. "Recent evidence has pointed to a number of institutional barriers to English learners' success, including secondary AB 2350 Page 6 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, and it will ensure that special courses designed for long term English learners are credit-bearing. 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% 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 United States resides in California. California's English learner students score substantially lower on state assessments and other measures of achievement than non-English learner students. While there has been incremental growth in achievement on state assessments among all students over time, the rate of growth in the non-English learner population has significantly outpaced that of English learners. As a result, the achievement gap has widened over time. Data from state sources indicates: AB 2350 Page 7 1)On the 2015 administration of the California Assessment of Student Performance and Progress (CAASPP), 11% of English learners in all grades met or exceeded standard in English language arts/literacy and 11% in math, compared with 69% and 55% for those subjects, respectively, for students proficient in English. 2)A report by the Public Policy Institute of California found that in a relatively large number of schools, no EL students scored at or above the standards for English language arts (ELA) and math on the CAASPP assessment. The report notes that, in the past, 30% of districts required ELs to meet the ELA standard on the California Standards Test to be reclassified. 3)Graduation rates for English learners are lower compared to the general population and other subgroups. The 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. 4)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%). 5)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. AB 2350 Page 8 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 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 reported that this research "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. Analysis Prepared by: AB 2350 Page 9 Tanya Lieberman / ED. / (916) 319-2087 FN: 0003341