BILL NUMBER: SB 750	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Mendoza

                        FEBRUARY 27, 2015

   An act to amend Sections 313.1, 313.2, and 51461 of the Education
Code, relating to English language education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 750, as introduced, Mendoza. English language education:
English learners: State Seal of Biliteracy.
   (1) Existing law requires each school district that has one or
more pupils who are English learners, and, to the extent required by
federal law, a county office of education and a charter school, to
assess the English language development of each of those pupils in
order to determine the pupil's level of proficiency. Existing law
requires the State Department of Education, with the approval of the
State Board of Education, to establish procedures for conducting the
assessment and for the reclassification of a pupil from English
learner to English proficient.
   Existing law defines "long-term English learner" as an English
learner who is enrolled in any of grades 6 to 12, inclusive, has been
enrolled in schools in the United States for more than 6 years, has
remained at the same English language proficiency level for 2 or more
consecutive years as determined by a specified English language
development test, or any successor test, and scores far below basic
or below basic on a certain English language arts standards-based
achievement test, or any successor test.
   This bill would revise that definition to instead include an
English learner who has been enrolled in schools in the United States
for 6 years or more, has remained at the same English language
proficiency level for 2 or more consecutive years as determined by
the specified English language development test, or any successor
test, or has regressed to a lower English language proficiency level,
and scores far below basic or below basic on the specified English
language arts standards-based achievement test, or an equivalent
score on any successor test.
   (2) Existing law defines an "English learner at risk of becoming a
long-term English learner" as an English learner who is enrolled in
any of grades 5 to 11, inclusive, in schools in the United States for
4 years, scores at the intermediate level or below on the specified
English language development test, or any successor test, and scores
in the fourth year at the below basic or far below basic level on a
certain English language arts standards-based achievement test, or
any successor test.
   This bill would revise that definition to instead include an
English learner who is enrolled in any of grades 3 to 12, inclusive,
in schools in the United States for 4 to 5 years, scores at the
intermediate level or below on the specified English language
development test, or any successor test, and scores in the fourth or
fifth year at the below basic or far below basic level on the
specified English language arts standards-based achievement test
administered, or an equivalent score on any successor test.
   (3) Existing law requires the department to annually ascertain and
provide to school districts and schools the number of pupils in each
school district and school, as specified, who are, or are at risk of
becoming, long-term English learners.
   This bill would also require the department to post the number of
long-term English learners and English learners at risk of becoming
long-term English learners in the state.
   (4) Existing law requires the Superintendent of Public Instruction
to award a State Seal of Biliteracy. Existing law provides that the
State Seal of Biliteracy certifies attainment of a high level of
proficiency by a graduating high school pupil in one or more
languages, in addition to English, and certifies that the graduate
meets specified criteria, including, but not limited to, passing the
California Standards Test in English language arts administered in
grade 11 at the proficient level or above.
   This bill would require the Superintendent, in the event that
scores of the California Standards Test in English language arts or
any successor test are not made available, to designate alternate
equivalent criteria for eligibility for the State Seal of Biliteracy,
as specified.
   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 313.1 of the Education Code is amended to read:

   313.1.  For purposes of this article, the following terms have the
following meanings:
   (a) "Long-term English learner" means an English learner who is
enrolled in any of grades 6 to 12, inclusive, has been enrolled in
schools in the United States for  more than six years,
  six years or more,  has remained at the same
English language proficiency level for two or more consecutive years
as determined by the English language development test identified or
developed pursuant to Section 60810, or any successor test,  or
has regressed   to a lower English language proficiency
level,  and scores far below basic or below basic on the English
language arts standards-based achievement test administered pursuant
to Section 60640, or  an equivalent score on  any successor
test.
   (b) "English learner at risk of becoming a long-term English
learner" means an English learner who is enrolled in any of grades
 5 to 11,   3 to 12,  inclusive, in schools
in the United States for four  to five  years, scores at
the intermediate level or below on the English language development
test identified or developed pursuant to Section 60810, or any
successor test, and scores in the fourth  or fifth  year at
the below basic or far below basic level on the English language arts
standards-based achievement test administered pursuant to Section
60640, or  an equivalent score on  any successor test.
  SEC. 2.  Section 313.2 of the Education Code is amended to read:
   313.2.  (a) The department shall annually ascertain the number of
pupils in each school district and school, including a school that is
within the jurisdiction of a county office of education and a
charter school, who are, or are at risk of becoming, long-term
English learners, as those terms are defined in Section 313.1.
   (b) The department shall annually provide the information
described in subdivision (a) to school districts and 
schools.   schools and post the number of long-term
English learners and English learners at risk of becoming long-term
English learners in the state. 
  SEC. 3.  Section 51461 of the Education Code is amended to read:
   51461.  (a) The State Seal of Biliteracy certifies attainment of a
high level of proficiency by a graduating high school pupil in one
or more languages, in addition to English, and certifies that the
graduate meets all of the following criteria:
   (1) Completion of all English language arts requirements for
graduation with an overall grade point average of 2.0 or above in
those classes.
   (2)  (A)    Passing the California Standards
Test in English language arts administered in grade 11 at the
proficient level or above. 
   (B) In the event that scores of the California Standards Test in
English language arts or any successor test are not made available,
the Superintendent shall designate alternate equivalent criteria for
eligibility for the State Seal of Biliteracy. This criteria shall be
used only for the duration of the unavailability of these assessment
scores. 
   (3) Proficiency in one or more languages other than English,
demonstrated through one of the following methods:
   (A) Passing a foreign language Advanced Placement examination with
a score of 3 or higher or an International Baccalaureate examination
with a score of 4 or higher.
   (B) Successful completion of a four-year high school course of
study in a foreign language, and attaining an overall grade point
average of 3.0 or above in that course of study.
   (C) If no Advanced Placement examination or off-the-shelf language
test exists and the school district can certify to the
Superintendent that the test meets the rigor of a four-year high
school course of study in that foreign language, passing a school
district language examination that, at a minimum, assesses speaking,
reading, and writing in a language other than English at the
proficient level or higher. If a school district offers a language
examination in a language in which an Advanced Placement examination
or off-the-shelf language test exists, the school district language
examination shall be approved by the Superintendent for the purpose
of determining proficiency in a language other than English.
   (D) Passing the SAT II foreign language examination with a score
of 600 or higher.
   (b) If the primary language of a pupil in any of grades 9 to 12,
inclusive, is other than English, he or she shall do both of the
following in order to qualify for the State Seal of Biliteracy:
   (1) Attain the early advanced proficiency level on the English
language development test. For purposes of this paragraph, a
participating school district may administer the English language
development test an additional time as necessary.
   (2) Meet the requirements of subdivision (a).
   (c) For languages in which an Advanced Placement test is not
available, the Superintendent may provide a listing of equivalent
summative tests that school districts may use in place of an Advanced
Placement test for purposes of subparagraph (A) of paragraph (3) of
subdivision (a). A school district may provide the Superintendent
with a list of equivalent summative tests that the district uses in
place of an Advanced Placement test for purposes of subparagraph (A)
of paragraph (3) of subdivision (a). The Superintendent may use lists
received from school districts in developing his or her list of
equivalent summative tests.
   (d) For purposes of this article, "foreign language" means a
language other than English, and includes American Sign Language.