Amended in Senate April 9, 2015

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 amended, 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. begin insert Existing law requires the governing board of each school district to adopt a local control and accountability plan and requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. end insert

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 begin delete analysis. end delete begin insert analysis, and would include in that review and analysis the criteria, policies, and practices that the specified school districts use to meet the state priorities identified in the local control and accountability plans provision. The bill would instead require the department to recommend to the Legislature any policy 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 and how implementation of the state priorities identified in the local control and accountability plans provision support that transition. end insert The bill would require the department to examine, as part of this review and analysis, begin insert the extent to which school districts are following the regulations for implementation of the local control and accountability plans, and end insert 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, begin delete and end delete would change the issue date of the updated report to January 1, begin delete 2018. end delete begin insert 2018, and would require the department to identify in that report end insert begin insert any pupil outcome measures related to meeting the state priorities in the local control and accountability plans provision, as related to the education of English learners. end insert

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, 2017, the department shall contract
with an outside research organization 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
begin delete learners, end delete begin insert learners and to meet the eight state priorities, as related
to the education of English learners, specified in Section 52060, end insert
and recommend to the Legislature begin delete and state board any guideline,
regulatory, or statutory end delete begin insert any policy end insert 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 begin delete proficiency. end delete begin insert proficiency and how
implementation of the eight state priorities specified in Section
52060 support this transition. end insert

(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 begin delete board. end delete begin insert board and the regulations
for implementation of the local control and accountability plans
developed end insert begin insert pursuant to Article 4.5 (commencing with Section 52060)
of Chapter 6.1 of Part 28 of Division 4 of Title 2. end insert

(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.

(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.

(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 begin delete proficiency. end delete begin insert proficiency, including, but not limited to, any
pupil outcome measures related to meeting the eight state
priorities, as related to the education of English learners, specified
in Section 52060. end insert

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

(h) By January 1, 2018, 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 former Section
60811.3, as that section read on June 30, begin delete 2013. end delete begin insert 2013, or Section
60811.4. 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.