Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2785

Introduced by Assembly Member O'Donnell

February 19, 2016

An act begin insert to amend Sections 430, 435, and 444 of, and to add Section 447 to, the Education Code, end insert relating to begin delete teachers. end delete begin insert English language acquisition. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2785, as amended, O'Donnell. begin delete Teachers. end delete begin insert English language acquisition: the federal Every Student Succeeds Act. end insert

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Existing law declares the intent of the Legislature to amend provisions of the Education Code related to ensuring that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core curriculum areas of instruction to the extent that the federal No Child Left Behind Act of 2001 is amended.

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This bill would require the Department of Education to review these Education Code provisions for conformity with the federal Every Student Succeeds Act, which amended the No Child Left Behind Act of 2001, and to report any necessary conforming changes to the Legislature.

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This bill would also update obsolete references to the federal No Child Left Behind Act of 2001.

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Existing law requires the governing board of a school district to fix and prescribe the duties to be performed by all persons in public school service in the school district.

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This bill would state the intent of the Legislature to enact legislation relating to teachers.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 430 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

430.  

(a) This chapter shall be known, and may be cited, as the
English Learner and Immigrant Pupil Federal Conformity Act.

(b) The purpose of this chapter is to ensure that instructional
services are provided to pupils with limited English proficiency
in conformity with federal requirements that are designed to ensure
that all pupils have reasonable access to educational opportunities
that are necessary in order for the pupils to achieve at high levels
in English and in the other core curriculum areas of instruction.

(c) This chapter is intended to be declaratory of Title III of the
federal begin delete No Child Left Behind Act of 2001 end delete begin insert Every Student Succeeds
Act end insert (20 U.S.C. Sec. 6301 et seq.) and is intended to assist local
educational agencies in understanding the requirements and funding
formulas to provide allowable services. It is the intent of the
Legislature that, to the extent federal law is amended, this chapter
will be amended to conform to those changes.

(d) The requirements of this chapter apply only to local
educational agencies that receive federal funds pursuant to Title
III of the federal begin delete No Child Left Behind Act of 2001. end delete begin insert Every Student
Succeeds Act. end insert

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begin insert SEC. 2. end insert   

end insert

begin insert Section 435 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

435.  

For purposes of this chapter, the following terms have the
following meanings:

(a) “English learner” or “pupil of limited English proficiency”
means a pupil who was not born in the United States or whose
native language is a language other than English or who comes
from an environment where a language other than English is
dominant; and whose difficulties in speaking, reading, writing, or
understanding the English language may be sufficient to deny the
individual the ability to meet the state’s proficient level of
achievement on state assessments, the ability to successfully
achieve in classrooms where the language of instruction is English,
or the opportunity to participate fully in society.

(b) “Immigrant pupil” means a pupil who was born in a country
other than the United States and who has attended a kindergarten
class or any of grades 1 to 12, inclusive, in a school in the United
States for three or fewer years.

(c) “Federal begin delete No Child Left Behind Act of 2001” end delete begin insert Every Student
Succeeds Act” end insert means Public Law Number begin delete 107-110 end delete begin insert 114-95 end insert (20
U.S.C. Sec. begin delete 6801, end delete begin insert 6301, end insert et seq.).

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begin insert SEC. 3. end insert   

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begin insert Section 444 of the end insert begin insert Education Code end insert begin insert is amended to read: end insert

444.  

In accordance with Section 6826 (c) of Title 20 of the
United States Code, a local educational agency that receives a
federal subgrant pursuant to Sections 6801 and following of Title
20 of the United States Code shall include in its plan a certification
that all teachers in any language instruction education program for
limited-English-proficient pupils that is, or will be, funded under
Part A of Title III of the federal begin delete No Child Left Behind Act of 2001 end delete
begin insert Every Student Succeeds Act end insert are fluent in English and any other
language used for instruction, including having written and oral
communication skills.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 447 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 447. end insert   

On or before January 1, 2018, the department shall review
this chapter for conformity with the federal Every Student Succeeds
Act, and shall report any necessary conforming changes to the
Legislature pursuant to Section 9795 of the Government Code.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation relating to teachers.

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