BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 409              
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          |Author:    |De León                                              |
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          |Version:   |April 9, 2015                               Hearing  |
          |           |Date:    April 29, 2015                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Kathleen Chavira                                     |
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          Subject:  English learners:  reclassification

            SUMMARY
          
          This bill modifies the reporting requirements established by SB  
          1108 (Padilla, Chapter 434, Statues of 2012) regarding the  
          reclassification of English learners to align them with the  
          newly adopted Local Control Funding Formula (LCFF), the eight  
          state priorities and Local Control Accountability Plan  
          requirements and establishes a new due date for the report of  
          January 1, 2017. 

            BACKGROUND
          
          Existing federal and State law require that each school district  
          with English language learners annually assess these students'  
          English language development until they are redesignated as  
          English proficient.  The assessment, the California English  
          Language Development Test (CELDT), must be administered to all  
          students whose primary language is not English within 30  
          calendar days after they are enrolled in a California public  
          school for the first time, and annually thereafter during a  
          period of time determined by the Superintendent of Public  
          Instruction and the State Board of Education (SBE) until they  
          are reclassified as fluent English proficient.  

          Existing law requires the California Department of Education  
          (CDE), with the approval of the State Board of Education (SBE),  
          to establish procedures for conducting the CELDT and for the  
          reclassification of a pupil from English learner to English  







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          proficient.  Current law requires the reclassification  
          procedures developed by the CDE to use multiple criteria,  
          including, but not limited to, all of the following:

             1.   An assessment of language proficiency.

             2.   Teacher evaluation, including, but not limited to, a  
               review of the pupil's curriculum mastery.

             3.   Parental opinion and consultation.

             4.   Comparison of the student's performance in basic skills  
               against an empirically established range of performance in  
               basic skills based upon the performance of English  
               proficient pupils of the same age that demonstrates whether  
               the pupil is sufficiently proficient in English to  
               participate effectively in a curriculum designed for pupils  
               of the same age whose native language is English. 
               (Education Code § 313)

          Existing law, enacted by SB 1108 (Padilla, Chapter 434, Statues  
          of 2012), requires the California Department of Education (CDE),  
          if state federal or private funds are provided for this purpose,  
          to review and analyze the criteria, policies and practices that  
          school districts use to reclassify English learners and to  
          recommend any policy changes necessary to identify when English  
          learners are prepared for reclassification.  The CDE was  
          required to issue a report of its findings, research, analysis,  
          recommendations, and best practices by January 1, 2014, and by  
          January 1, 2017, to issue an updated report that reflects  
          changes in the analysis and recommendations as the result of the  
          adoption of the common core standards and in the adoption of a  
          common core standards aligned English language development test.  
          (Education Code § 313.5)

            ANALYSIS
          
          This bill modifies the reporting requirements established by SB  
          1108 (Padilla, Chapter 434, Statues of 2012).  Specifically it:

          1.   Changes the due date of the report from January 1, 2014 to  
               January 1, 2017.

          2.   Expands the reporting requirements to additionally require  








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               the review and analysis of the reclassification activities  
               used by a sampling of districts to meet the eight state  
               priorities in their local control accountability plans  
               (LCAPS) in relation to the education of English learners.

          3.   Deletes the requirement that the CDE report to the State  
               Board of Education regarding guidelines, regulatory or  
               statutory changes necessary to identify when English  
               learners are ready to be reclassified and instead requires  
               the CDE to recommend any policy changes regarding  
               reclassification of English learners to the Legislature.

          4.   Updates reporting requirements to include a reference to  
               the newly adopted common core aligned English language  
               development standards. 

          5.   Requires the California Department of Education (CDE) to  
               additionally: 

                    A.             Report on how implementation of the  
                    eight state priorities in the districts' LCAPs  
                    supports the transition of English learners to  
                    classrooms and curricula that require English  
                    proficiency.

                    B.             Examine and report on the extent to  
                    which school districts are following the guidelines  
                    and regulations established by the State Board of  
                    Education for implementation of their LCAPs. 

                    C.             Identify pupil outcome measures related  
                    to meeting the eight state priorities, as related to  
                    the education of English language learners that  
                    indicate an English learner is prepared to  
                    successfully transition in classes and curricula that  
                    require English proficiency. 

          


          STAFF COMMENTS

          1.   Need for the bill. As of April 23, 2015, the California  
               Department of Education (CDE) has failed to issue the  








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               report required as a result of the enactment of SB 1108  
               (Padilla, Chapter 434, Statues of 2012).  This bill  
               proposes to establish a new due date and align the  
               requirements of the report on best practices regarding the  
               instruction of English learner (EL) pupils in California  
               schools with the newly adopted funding model, state  
               priorities and local control accountability plans (LCAPS)  
               requirements. 

               With the passage of Local Control Funding Formula (LCFF),  
               school districts are required to meet eight state  
               priorities for all students, with particular emphasis on  
               English learner and low-income pupils.  Under the LCFF,  
               local educational agencies will receive between $1400 and  
               $1700 in supplemental grant funding per English learner  
               pupil, which is four times the amount received previously,  
               making it important to understand how school districts are  
               meeting the state priorities for these students.  

               The author is concerned that the longer an English learner  
               remains in English language development-only classes, the  
               greater the limits to their ability to access a full  
               curriculum and A-G coursework, both predictors of college  
               readiness. The author cites recent data that indicates that  
               25 percent of English learners drop out of school and only  
               60 percent graduate from high school within four years.   
               According to the author, given the significant number of  
               English learners in California's public schools, their  
               academic performance directly impacts the future economic  
               success of the state.  

          2.   Recent related report.  In January 2014, the Public Policy  
               Institute of California (PPIC) issued a report,  
               Reclassification of English Learners in California Schools,  
               which provided a longitudinal analysis of the transition  
               from English learner to Reclassified Fluent English  
               Proficient (RFEP) in California school districts.   
               According to the report:

               A.        Reclassified Fluent English Proficient (RFEP)  
                    students not only outperform English learner students,  
                    but also often do as well as native English speakers  
                    when it comes to measures of academic outcomes, such  
                    as standardized tests and on-time grade progression.  








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               B.        A survey of school districts indicates that more  
                    than 90 percent of responding districts report using  
                    more demanding reclassification criteria than are  
                    suggested by the State Board of Education (SBE)  
                    guidelines.

               C.        Districts using more stringent reclassification  
                    criteria have lower reclassification rates. However,  
                    using stricter criteria is also associated with  
                    slightly better outcomes (in terms of ongoing language  
                    proficiency, for example) for RFEP students. Stricter  
                    criteria are also associated with a greater likelihood  
                    of on-time grade progress among students reclassified  
                    in the 8th grade.

          1.   California Department of Education (CDE) compliance.  In  
               response to the requirements of SB 1108 (2012), the CDE  
               entered a memorandum of understanding with the Public  
               Policy Institute of California (PPIC) to provide data from  
               the California Longitudinal Pupil Achievement Data System  
               for purposes of their analysis of reclassification  
               practices in California school districts.  While the CDE  
               anticipated that the PPIC report noted in staff comment #2  
               might assist in meeting the requirements of the  
               legislation, the CDE believes that the scope of the report  
               did not fulfill the statutory requirements outlined in SB  
               1108 and the research and analysis were not aligned with  
               the information necessary for the CDE to make  
               recommendations or identify best practices regarding the  
               reclassification of English learners.  According to the  
               CDE, conducting the comprehensive study envisioned by the  
               bill requires additional resources.  Staff notes that  
               although the CDE requested funding through the budget  
               process to conduct the more extensive research and analysis  
               envisioned by SB 1108 (2012), no such funding was proposed  
               in the 2014-15 Budget.  

          In addition, SB 1108 (Padilla, 2014) proposed an extension of  
          the deadline for the CDE to issue its report and added  
          Reclassified Fluent English Proficient (RFEPs) as a numerically  
          significant pupil subgroup for the purposes of the Academic  
          Performance Index (API).  SB 1108 was heard and passed by this  
          Committee in March 2014 by a vote of 9-0, but was subsequently  








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          held under submission in the Senate Appropriations Committee.

          2.   English learners and reclassification.  According to the  
               CDE, in the 2013-14 school year there were approximately  
               1.4 million English learners in California public schools,  
               constituting 22.7 percent of the total enrollment. In  
               2012-13 and 2013-14, approximately 12 percent of English  
               learners were reclassified as English proficient. Prior to  
               that approximately 11 percent of English learners were  
               annually reclassified, with the notable exception that in  
               2011-12, 16.3 percent were reclassified. 

          Although English learner data is collected for 60 language  
          groups, 95 percent speak one of the top ten languages in the  
          state, which include Spanish (84.24 percent), Vietnamese,  
          Pilipino (Filipino or Tagalog), Cantonese, Mandarin, Arabic,  
          Hmong, Korean, Punjabi, and Russian.  Research shows that  
          reclassification rates are lower among Spanish-speaking and  
          low-income students. In 2004, the proportion of Spanish-speaking  
          students reclassified by 4th grade in California was roughly  
          two-thirds that of non-Spanish speaking English learners.

               California does not have a uniform standard for  
               reclassifying English learner pupils.  Instead, the State  
               Board of Education has issued guidelines to school  
               districts recommending the metrics/information a district  
               uses when making this decision.  No comprehensive  
               information is available on what criteria are currently  
               utilized by school districts, whether districts follow the  
               guidelines issued by the State Board, or whether the  
               reclassification criteria utilized have any relationship to  
               the successful transition of English learners into  
               classrooms and curricula that require English proficiency.  
               It appears that districts use a variety of criteria for  
               determining whether or not to reclassify a student.
          
          SUPPORT
          
          California Teachers Association
          Californians Together
          Public Advocates

            OPPOSITION
           








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           None received. 

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