BILL NUMBER: AB 2785 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 19, 2016
An act to amend Sections 430, 435, and 444 of, and to add
Section 447 to, the Education Code, relating to
teachers. English language acquisition.
LEGISLATIVE COUNSEL'S DIGEST
AB 2785, as amended, O'Donnell. Teachers.
English language acquisition: the federal Every Student Succeeds Act.
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.
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.
This bill would also update obsolete references to the federal No
Child Left Behind Act of 2001.
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.
This bill would state the intent of the Legislature to enact
legislation relating to teachers.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 430 of the Education
Code is amended to read:
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 No Child Left Behind Act of 2001
Every Student Succeeds Act (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 No Child Left Behind Act of 2001.
Every Student Succeeds Act.
SEC. 2. Section 435 of the Education
Code is amended to read:
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 No Child Left Behind Act of 2001"
Every Student Succeeds Act" means Public Law Number
107-110 114- 95 (20 U.S.C.
Sec. 6801, 6301, et seq.).
SEC. 3. Section 444 of the Education
Code is amended to read:
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 No Child Left Behind Act
of 2001 Every Student Succeeds Act are fluent in
English and any other language used for instruction, including
having written and oral communication skills.
SEC. 4. Section 447 is added to the
Education Code , to read:
447. 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.
SECTION 1. It is the intent of the Legislature
to enact legislation relating to teachers.