BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 409 (De León) - English learners: reclassification. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 9, 2015 |Policy Vote: ED. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill 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 and accountability plan requirements, and establishes a new due date for the report of January 1, 2017. Fiscal Impact: The California Department of Education (CDE) indicates that this bill will require approximately $1.3 million General Fund over three years. This estimate includes one-time contract costs of $500,000 for the initial report due January 1, 2017 and another $500,000 for a contract to complete the updated report due January 1, 2018. The rest of the funds would be used to convene a group of experts and for CDE staff to conduct work related to the contract SB 409 (De León) Page 1 of ? process and monitoring, travel costs, and coordination of the reports. 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 CDE, with the approval of the SBE, to establish procedures for conducting the CELDT and for the reclassification of a pupil from English learner to English 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 student'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 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 SB 409 (De León) Page 2 of ? 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) Proposed Law: This bill requires that by January 1, 2017, the CDE (1) contract with an outside organization to review and analyze the criteria, policies, and practices that a representative sample of school districts use in the state to reclassify English learners and to meet the eight state priorities related to English learners and (2) recommend to the Legislature any policy changes that the it 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 eight state priorities support this transition. In conducting its review, the CDE is required to consult with a number of experts in the education of English learners. This group of experts is required to develop a study design that may include a sampling methodology for purposes of selecting the sample of school districts to use in the study. This bill requires the CDE to examine and report on the following: 1. The practices and standards used by a sampling of school districts to meet the four reclassification criteria; 2. The extent to which school districts are following the guidelines established by the SBE and the regulations for implementation of the local control and accountability plans; and 3. The range of reclassification criteria developed by school districts. SB 409 (De León) Page 3 of ? In addition, CDE is required to analyze the following data: English language proficiency and academic performance data; The relationship of the reclassification criteria to reclassification rates; The academic performance of students after reclassification as English proficient; The relationship of the reclassification criteria to the academic performance of students after reclassification; Information on English learner achievement as described in the local control and accountability plan developed by school districts; and Any other student outcomes measures that indicate an English learner is prepared to successfully transition to a classroom and curricula that require proficiency. This bill requires that by January 1, 2017, the CDE issue a report that includes its findings, research, analysis, recommendations, and best practices. The CDE is required to issue an updated report by January 1, 2018 that reflects any changes in analysis and recommendations as a result of the adoption by the SBE of the common core standards and English language development standards. Finally, this bill requires that it be implemented only if state or federal funds are appropriated to fully fund its activities or if private funds are made available. Related Legislation:1. 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 failed passage of this committee. SB 409 (De León) Page 4 of ? -- END --