Senate Bill No. 409

Introduced by Senator De León

February 25, 2015

An act to amend Section 313.5 of the Education Code, relating to English learners.

LEGISLATIVE COUNSEL’S DIGEST

SB 409, as introduced, De León. English learners: reclassification.

(1) Existing law required the State Department of Education, by January 1, 2014, to review and analyze the criteria, policies, and practices that a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state use to reclassify English learners and recommend to the Legislature and the State Board of Education any guideline, regulatory, or statutory changes that the department determines are necessary to identify when English learners are prepared for the successful transition to classrooms and curricula that require English proficiency.

This bill would instead require the department, by January 1, 2017, to contract with an outside research organization to perform the above-mentioned review and analysis. The bill would require the department to examine, as part of this review and analysis, information on English learner achievement as described in local control and accountability plans.

(2) Existing law required the department, by January 1, 2014, to issue a report on its findings, research, analysis, recommendations, and best practices, and requires the department, by January 1, 2017, to issue an updated report that reflects any changes in analysis and recommendations as a result of the adoption by the state board of the common core standards and related English language development standards.

This bill would change the issue date of this report to January 1, 2017, and would change the issue date of the updated report to January 1, 2018.

This bill would also make nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 313.5 of the Education Code is amended
to read:

313.5.  

(a) By January 1, begin delete 2014, end delete begin insert 2017, end insert the department shall
begin insert contract with an outside research organization to end insert review and
analyze the criteria, policies, and practices that a sampling of school
districts that represent the geographic, socioeconomic, and
demographic diversity of school districts in the state use to
reclassify English learners, and recommend to the Legislature and
state board any guideline, regulatory, or statutory changes that the
department determines are necessary to identify when English
learners are prepared for the successful transition to classrooms
and curricula that require English proficiency.

(b) For purposes of completing the review and analysis required
pursuant to subdivision (a), the department shall consult with
parents of English learners, experts with demonstrated experience
in developing and administering assessments for English learners,
classroom or resource teachers, or both, school district
administrators with expertise in curriculum, instruction, assessment,
and accountability, and researchers possessing expertise in the
education of English learners.

(c) The group of experts described in subdivision (b) shall
develop a study design that may include a sampling methodology
for purposes of selecting the school districts that will be part of
the review and analysis to identify best practices pursuant to
subdivision (a).

(d) For purposes of completing the review and analysis required
pursuant to subdivision (a), the department shall examine and
report on the following:

(1) The practices and standards used by a sampling of school
districts that represent the geographic, socioeconomic, and
demographic diversity of school districts in the state to meet the
four reclassification criteria specified in subdivision (f) of Section
313.

(2) The extent to which school districts are following the
guidelines established by the state board.

(3) The range of reclassification criteria developed by school
districts.

(e) As part of the examination required pursuant to subdivision
(d), the department shall analyze the following:

(1) English language proficiency and academic performance
data.

(2) The relationship of the reclassification criteria to
reclassification rates.

(3) The academic performance of pupils after reclassification
as English proficient.

(4) The relationship of the reclassification criteria to the
academic performance of pupils after reclassification.

begin insert

(5) Information on English learner achievement as described
in the local control and accountability plans developed by school
districts pursuant to Article 4.5 (commencing with Section 52060)
of Chapter 6.1 of Part 28 of Division 4 of Title 2.

end insert

(f) In its report, the department also shall identify any other
pupil outcome measures that indicate an English learner is prepared
to successfully transition to a classroom and curricula that require
English proficiency.

(g) By January 1, begin delete 2014, end delete begin insert 2017, end insert the department shall issue a report
that includes the department’s findings, research, analysis,
recommendations, and best practices pursuant to subdivisions (a),
(d), begin delete (e,) end delete begin insert (e), end insert and (f).

(h) By January 1, begin delete 2017, end delete begin insert 2018, end insert the department shall issue an
updated report that reflects any changes in analysis and
recommendations as a result of the adoption by the state board of
the common core standards pursuant to Section 60605.8 and the
English language development standards adopted pursuant to
begin insert former end insert Section begin delete 60811.3. end delete begin insert 60811.3, as that section read on June 30,
2013. end insert

(i) This section shall be implemented only if state or federal
funds are appropriated as necessary to fully fund this purpose or
if private funds are made available as necessary to fully fund this
purpose.