Amended in Senate April 15, 2015

Senate BillNo. 750


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 amended, 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 insteadbegin delete includeend deletebegin insert mean, except as specified,end insert an English learnerbegin insert who is enrolled in any of grades 6 to 12, inclusive,end insert 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 consecutivebegin delete yearsend deletebegin insert prior years,end insertbegin insert or has regressed to a lower English language proficiency level,end insert as determined by the specified English language development test, or any successor test,begin delete or has regressed to a lower English language proficiency level, and scoresend deletebegin insert and, for a pupil in any of grades 6 to 9, inclusive, scoredend insert 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 thebegin delete fourthend deletebegin insert 4thend insert 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 insteadbegin delete includeend deletebegin insert mean, except as specified,end insert 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,begin delete scoresend deletebegin insert scoredend insert at the intermediate level or below on the specified English language development test, or any successor test,begin delete and scoresend deletebegin insert and, for a pupil in any of grades 3 to 9, inclusive, scoredend insert in thebegin delete fourthend deletebegin insert 4thend insert orbegin delete fifthend deletebegin insert 5thend insert year at the below basic or far below basic level on the specified English language arts standards-based achievementbegin delete test administered,end deletebegin insert test,end insert 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 specifiedbegin delete 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.end deletebegin insert criteria.end insert

This bill wouldbegin delete 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.end deletebegin insert add to that criteria end insertbegin insertscoring a level 3 or higher on the California Assessment of Student Performance and Progress in English language arts administered in grade 11end insertbegin insert, or an equivalent score on any successor test.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 313.1 of the Education Code is amended
2to read:

3

313.1.  

For purposes of this article, the following terms have
4the following meanings:

5(a) begin insert(1)end insertbegin insertend insert “Long-term English learner” means an English learner
6begin delete who is enrolledend deletebegin insert to which all of the following apply:end insert

7begin insert (A)end insertbegin insertend insertbegin insertIs enrolledend insert in any of grades 6 to 12,begin delete inclusive, hasend deletebegin insert inclusive.end insert

8begin insert(B)end insertbegin insertend insertbegin insertHasend insert been enrolled in schools in the United States for six
9years orbegin delete more, hasend deletebegin insert more.end insert

10begin insert(C)end insertbegin insertend insertbegin insertHasend insert remained at the same English language proficiency
11level for two or more consecutivebegin delete yearsend deletebegin insert prior years, or has
12regressed to a lower English language proficiency level,end insert
as
13determined by the English language development test identified
14or developed pursuant to Section 60810, or any successor begin delete test, or
15has regressed to a lower English language proficiency level, and
16scoresend delete
begin insert test.end insert

17begin insert(D)end insertbegin insertend insertbegin insertFor a pupil in any of grades 6 to 9, inclusive, has scoredend insert
18 far below basic or below basic on thebegin insert prior year’send insert English language
19arts standards-based achievement test administered pursuant to
20Section 60640, or an equivalent score on any successor test.

begin insert

21(2) A pupil for which the required testing results are not
22available for either subparagraph (C) or (D) of paragraph (1)
23shall not have that criteria applied and such pupil shall not be
24excluded based on that criteria.

end insert

P4    1(b) begin insert(1)end insertbegin insertend insert “English learner at risk of becoming a long-term English
2learner” means an English learnerbegin delete who isend deletebegin insert to which all of the
3following apply:end insert

4begin insert(A)end insertbegin insertend insertbegin insertIsend insert enrolled in any of grades 3 to 12,begin delete inclusive, inend deletebegin insert inclusive.end insert

5begin insert(B)end insertbegin insertend insertbegin insertHas been enrolled inend insert schools in the United States for four
6to fivebegin delete years, scoresend deletebegin insert years.end insert

7begin insert(C)end insertbegin insertend insertbegin insertHas scoredend insert at the intermediate level or below on thebegin insert prior
8yearend insert
begin insert’send insert English language development test identified or developed
9pursuant to Section 60810, or any successorbegin delete test, and scoresend deletebegin insert test.end insert

10begin insert(D)end insertbegin insertend insertbegin insertFor a pupil in any of grades 3 to 9, inclusive, has scoredend insert
11 in the fourth or fifth year at the below basic or far below basic
12level on thebegin insert prior year’send insert English language arts standards-based
13achievement test administered pursuant to Section 60640, or an
14equivalent score on any successor test.

begin insert

15(2) A pupil for which the required testing results are not
16available for either subparagraph (C) or (D) of paragraph (1)
17shall not have that criteria applied and such pupil shall not be
18excluded based on that criteria.

end insert
19

SEC. 2.  

Section 313.2 of the Education Code is amended to
20read:

21

313.2.  

(a) The department shall annually ascertain the number
22of pupils in each school district and school, including a school that
23is within the jurisdiction of a county office of education and a
24charter school, who are, or are at risk of becoming, long-term
25English learners, as those terms are defined in Section 313.1.

26(b) The department shall annually provide the information
27described in subdivision (a) to school districts and schools and
28post the number of long-term English learners and English learners
29at risk of becoming long-term English learners in the state.

30

SEC. 3.  

Section 51461 of the Education Code is amended to
31read:

32

51461.  

(a) The State Seal of Biliteracy certifies attainment of
33a high level of proficiency by a graduating high school pupil in
34one or more languages, in addition to English, and certifies that
35the graduate meets all of the following criteria:

36(1) Completion of all English language arts requirements for
37graduation with an overall grade point average of 2.0 or above in
38those classes.

P5    1(2) begin delete(A)end deletebegin deleteend deletePassing the California Standards Test in English
2language arts administered in grade 11 at the proficient level or
3above.

begin delete

4(B) In the event that scores of the California Standards Test in
5English language arts or any successor test are not made available,
6the Superintendent shall designate alternate equivalent criteria for
7eligibility for the State Seal of Biliteracy. This criteria shall be
8used only for the duration of the unavailability of these assessment
9scores.

end delete
begin insert

10(3) Scoring a level 3 or higher on the California Assessment of
11Student Performance and Progress in English language arts
12administered in grade 11 pursuant to Section 60640, or an
13 equivalent score on any successor test.

end insert
begin delete

14(3)

end delete

15begin insert(end insertbegin insert4)end insert Proficiency in one or more languages other than English,
16demonstrated through one of the following methods:

17(A) Passing a foreign language Advanced Placement
18examination with a score of 3 or higher or an International
19Baccalaureate examination with a score of 4 or higher.

20(B) Successful completion of a four-year high school course of
21study in a foreign language, and attaining an overall grade point
22average of 3.0 or above in that course of study.

23(C) If no Advanced Placement examination or off-the-shelf
24language test exists and the school district can certify to the
25Superintendent that the test meets the rigor of a four-year high
26school course of study in that foreign language, passing a school
27district language examination that, at a minimum, assesses
28speaking, reading, and writing in a language other than English at
29the proficient level or higher. If a school district offers a language
30examination in a language in which an Advanced Placement
31examination or off-the-shelf language test exists, the school district
32language examination shall be approved by the Superintendent for
33the purpose of determining proficiency in a language other than
34English.

35(D) Passing the SAT II foreign language examination with a
36score of 600 or higher.

37(b) If the primary language of a pupil in any of grades 9 to 12,
38inclusive, is other than English, he or she shall do both of the
39following in order to qualify for the State Seal of Biliteracy:

P6    1(1) Attain the early advanced proficiency level on the English
2language development test. For purposes of this paragraph, a
3participating school district may administer the English language
4development test an additional time as necessary.

5(2) Meet the requirements of subdivision (a).

6(c) For languages in which an Advanced Placement test is not
7available, the Superintendent may provide a listing of equivalent
8summative tests that school districts may use in place of an
9Advanced Placement test for purposes of subparagraph (A) of
10paragraphbegin delete (3)end deletebegin insert (4)end insert of subdivision (a). A school district may provide
11the Superintendent with a list of equivalent summative tests that
12the district uses in place of an Advanced Placement test for
13purposes of subparagraph (A) of paragraphbegin delete (3)end deletebegin insert (4)end insert of subdivision
14(a). The Superintendent may use lists received from school districts
15in developing his or her list of equivalent summative tests.

16(d) For purposes of this article, “foreign language” means a
17language other than English, and includes American Sign
18Language.



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