BILL ANALYSIS                                                                                                                                                                                                    Ó




           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       AB 2350|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 2350
          Author:   O'Donnell (D) 
          Amended:  8/19/16 in Senate
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 6/22/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/1/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 6/1/16 - See last page for vote

           SUBJECT:   English learners


          SOURCE:    Author


          DIGEST:  This bill prohibits a middle or high school English  
          learner (EL) student, who scores at any proficiency level on the  
          assessment of English language development, from being denied  
          from enrolling in courses required for graduation, or meeting  
          the minimum course requirements for admission to the University  
          of California (UC) or California State University (CSU).  


          Senate Floor Amendments of 8/19/16 narrow the scope of the bill  
          by deleting sections related to integrated and designated  
          English language development and specially designed content  
          instruction in English, and align the bill with federal law by  
          prohibiting middle and high school English learners from being  
          denied enrollment in specified courses.









                                                                    AB 2350  
                                                                     Page 2




          ANALYSIS: 


          Existing law:


          1)Requires the State Board of Education to approve standards for  
            English language development for students whose primary  
            language is other than English.  These standards are required  
            to be comparable in rigor and specificity to the adopted  
            standards for English language arts, mathematics, and science.  
             (EC § 60811)

          2)Requires the State Board of Education to adopt revised  
            curriculum frameworks that are aligned to the common core  
            standards in English language arts by July 30, 2014. Existing  
            law also requires State Board policies to ensure that the  
            English Language Arts (ELA) curriculum frameworks include the  
            English Language Development (ELD) standards and related  
            strategies in the core subjects of mathematics, science, and  
            history-social science.  (EC § 60207)

          3)Prohibits, under the federal Equal Educational Opportunity Act  
            of 1974, the denial of equal educational opportunity by the  
            failure of an educational agency to take appropriate action to  
            overcome language barriers that impede equal participation by  
            its students in its instructional programs. (20 U.S.C. Sec.  
            1701 et seq.)

          4)Requires the CSU and requests the UC to establish a model  
            uniform set of academic standards for high school courses that  
            satisfy university admission requirements.  In addition, both  
            the CSU and the UC were directed to implement a speedy process  
            whereby schools could obtain approval of their courses for  
            admission purposes, and require that this process notify  
            applicant schools whether a submitted course has been approved  
            or denied by August 1 each school year.  (EC § 66205.5)


          This bill:









                                                                    AB 2350  
                                                                     Page 3



          1)Defines "standard instructional program" as, at a minimum,  
            core curriculum courses, as defined by current law, courses  
            required to meet state and local graduation requirements, and  
            courses required for middle school grade promotion.

          2)Provides that, consistent with federal law, a middle or high  
            school student classified as an EL and scores at any  
            proficiency level on the assessment of English language  
            development be granted access to core curriculum courses.   
            Specifically, it:

             a)   Prohibits denying such a student from: 

               i)     Enrolling in courses that are part of the standard  
                 instructional program of the school that the student  
                 attends. 

               ii)            Enrolling in a full course load of courses  
                 that are part of the standard instructional program. 

               iii)            Enrolling in courses that are not part of a  
                 school's standard instructional program that either meet  
                 the subject matter requirements for college admissions or  
                 are advanced courses, such as advanced placement courses,  
                 on the sole basis of a student's classification as an  
                 English learner. 

             b)   Makes these requirements inapplicable to a student  
               participating in a program designed to meet the academic  
               and transitional needs of newly arrived immigrants,  
               provided that the program is designed to remedy any  
               academic deficits incurred during participation and that  
               the program's design is reasonably calculated to enable  
               these students to attain parity of participation in the  
               standard instructional program within a reasonable length  
               of time, as specified. 

          3)Makes a number of technical changes.

          4)Makes a number of related declarations and findings.

          Comments








                                                                    AB 2350  
                                                                     Page 4




          1)Need for the bill.  According to the author, recent evidence  
            has pointed to a number of institutional barriers to ELs'  
            success.  These include poor access to the core curriculum and  
            insufficient teacher preparation and professional development  
            to address the instructional needs of ELs, particularly in  
            light of the state's new ELD standards. This bill will ensure  
            that ELs are not kept from enrolling in core curriculum  
            courses necessary for graduation.  

            According to the author, ensuring access to core academic  
            subjects and prohibiting the substitution of English language  
            development classes for English language arts courses will  
            begin to address the sizable gap in academic achievement that  
            persists for ELs relative to their peers.  

          2)English learner achievement gap.  There are approximately 1.4  
            million ELs in California public schools, representing 22  
            percent of the state's enrollment. California's EL students  
            score substantially lower on state assessments than non-EL  
            students.  While there has been incremental growth in  
            achievement among students in both the general population and  
            ELs, the rate of growth in the general population has  
            significantly outpaced that of English learners and the  
            achievement gap has widened over time.

             a)   On the 2013 California Standards Tests of English  
               language arts, 23 percent of ELs scored at the proficient  
               or advanced levels, compared with 63 percent of  
               English-only peers, and on the tests of mathematics 37  
               percent scored at those levels compared with 55 percent of  
               their peers.

             b)   On the 2015 administration of the California Assessment  
               of Student Performance and Progress, 11 percent of ELs 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.   

             c)   According to the California Department of Education  
               (CDE), the overall 2013-14 four-year cohort graduation was  








                                                                    AB 2350  
                                                                     Page 5



               81 percent, while the rate for ELs was 65 percent, the  
               lowest of any subgroup besides students in special  
               education.  The dropout rate for ELs, at 21 percent, was  
               the highest of any subgroup.

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

          3)Recent related report.  In October 2015, the Policy Analysis  
            for California Education's (PACE) issued, "Improving the  
            Opportunities and Outcomes of California's Students Learning  
            English," a report on research examining EL needs, policies,  
            practices, and outcomes.  Among other things, researchers  
            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 English language arts  
            (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 percent of ELs were not enrolled in ELA courses, and 35  
            percent 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 the most common barrier to  
            reclassification for middle and high school ELs was passage of  
            the ELA content standards criterion.  Given the findings that  
            enrollment in ELD prohibits some students from taking ELA  
            courses; it is unclear how students are expected to obtain the  
            course content necessary to successfully meet criteria for  
            reclassification.









                                                                    AB 2350  
                                                                     Page 6



            This bill, in an effort to respond to these concerns,  
            prohibits ELs who score at any proficiency level on the  
            assessment of English language development from being denied  
            from taking core curriculum courses necessary for graduation,  
            grade promotion, or meeting a-g requirements for college  
            admission.

          4)Related court case. Existing case law, Castaneda v. Pickard  
            (1981, 648 F.2d 989), interprets the federal Equal Educational  
            Opportunities Act of 1974 to require schools to ensure English  
            learners' participation in the "standard instructional  
            program" of a school either by providing access to the  
            standard instructional program along with English language  
            support, or instead by providing a program for English  
            learners, "during the early part of their school career, which  
            has, as its primary objective the development of literacy in  
            English," provided that the program is designed to help the  
            student "overcome the academic deficits" incurred during  
            participation in that program, and that it is "reasonably  
            calculated to enable students to attain parity of  
            participation in the standard instructional program within a  
            reasonable length of time after they enter the school system."  


            This bill declares that it is the intent of the Legislature to  
            clarify these requirements for California public schools. In  
            addition, this bill seeks to align its provisions with the  
            specified sections in federal law (20 U.S.C. Sec. 1701 et  
            seq.) that prohibit  middle and high school ELs from being  
            denied enrollment in specified courses. 

          5)Evolution of ELD instruction.  Instruction for ELs evolved  
            significantly in the last 40 years.  Initial "English as a  
            Second Language" (ESL) approaches used from 1900 to the 1970s  
            focused solely on English acquisition.  Content-based ESL  
            emerged in the 1980s, providing support for English  
            acquisition through academic content.  Models known as  
            Specially Designed Academic Instruction in English and  
            Sheltered English, in use from the 1980s to the present day,  
            have focused on providing ELs access to content through  
            modified (sometimes referred to as "scaffolded") instruction.   









                                                                    AB 2350  
                                                                     Page 7



           
            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.  Under this  
            model, "integrated ELD instruction" occurs throughout the  
            school day in every subject area by every teacher who has an  
            EL student in the classroom. The California 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 through English. "Designated ELD" is  
            provided to ELs during a protected time in the regular school  
            day, during which teachers use the 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. 

            According to the CDE, curriculum frameworks offer guidance for  
            implementing content standards and describe the curriculum and  
            instruction necessary to help students achieve proficiency.  
            They specify the design of instructional materials and  
            professional development. In 2015, the State Board of  
            Education approved a list of adopted instructional materials  
            aligned to the newly adopted English Language Arts/English  
            Language Development Framework.  Local educational agencies  
            (LEAs) are expected to select from the adopted instructional  
            materials within the next few years.

          Related/Prior Legislation

          AB 2785 (O'Donnell) requires the CDE to develop a manual for the  
          purpose of providing guidance to LEAs on identifying, assessing,  
          and supporting, ELs who may qualify for special education  
          services by July 1, 2018.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes










                                                                    AB 2350  
                                                                     Page 8



          According to the Senate Appropriations Committee, this bill is  
          not anticipated to result in significant costs to the state as  
          the prohibition of preventing ELs from enrolling in courses  
          required for graduation, grade promotion, or minimum course  
          requirements for UC and CSU admission, is predicated on federal  
          law which prohibits a state from denying equal educational  
          opportunity, as specified.  This bill provides greater  
          specificity on this federal requirement that appears to align  
          with federal guidance. 




          SUPPORT:   (Verified  8/22/16)


          Superintendent of Public Instruction Tom Torlakson


          OPPOSITION:   (Verified8/22/16)


          None received

          ASSEMBLY FLOOR:  78-0, 6/1/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Harper, Obernolte

          Prepared by:Olgalilia Ramirez / ED. / (916) 651-4105
          8/22/16 22:44:21









                                                                    AB 2350  
                                                                     Page 9




                                   ****  END  ****