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 --