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 ****