BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 750|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  SB 750
          Author:   Mendoza (D)
          Amended:  5/12/15  
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  8-0, 4/8/15
           AYES:  Liu, Huff, Block, Hancock, Leyva, Mendoza, Pan, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   English language education:  English learners:   
                     State Seal of Biliteracy


          SOURCE:    Author


          DIGEST:  This bill modifies the definitions of a "long-term  
          English learner" and "an English learner at risk of becoming a  
          long-term English learner," expands the notification  
          requirements of the California Department of Education (CDE)  
          regarding these students, and authorizes the use of the  
          California Assessment of Student Performance and Progress in  
          English language arts for the purpose of the State Seal of  
          Biliteracy (SSB), as specified.  


          ANALYSIS:   


          Existing law:

          1)Defines a "Long-term English learner" as an English learner  








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            who meets all of the following:

             a)   Is enrolled in any of grades 6 to 12, inclusive. 

             b)   Has been enrolled in schools in the United States for  
               more than six years. 

             c)   Remains at the same English language proficiency level  
               for two or more consecutive years.

             d)   Scores far below basic or below basic on the adopted  
               English language arts standards-based achievement test.

          2)Defines an "English learner at risk of becoming a long-term  
            English learner" as an English learner who meets all of the  
            following:

             a)   Is enrolled in any of grades 5-11 inclusive.

             b)   Has been enrolled in schools in the United States for  
               four years.

             c)   Scores at the intermediate level or below on the state  
               adopted English language proficiency test.

             d)   Scores at the far below basic or below basic on the  
               adopted English language arts standards-based achievement  
               test. (Education Code § 313.1)

          3)Requires that the CDE annually ascertain and report the number  
            of students who are, or are at risk of becoming, long-term  
            English learners and to provide this information to districts  
            and schools. (EC § 313.2)

          4)Establishes the SSB which provides recognition to high school  
            students who have demonstrated proficiency in speaking,  
            reading, and writing in one or more languages in addition to  
            English.  Each school district, county office of education  
            (COE), or direct-funded charter school that confers the SSB is  
            required to maintain appropriate records in order to identify  
            students who have met the established criteria for the award  
            and to affix the SSB insignia to the diploma or transcript of  
            each qualifying student.  (EC § 51460)








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          5)Requires high school graduates to meet all of the following  
            criteria to be eligible for the SSB: 

             a)   Complete all English language arts requirements for  
               graduation with an overall grade point average of 2.0 or  
               above in those classes.

             b)   Pass the California Standards Test in English language  
               arts (ELA) administered in grade 11 at the proficient level  
               or above.

             c)   Demonstrate proficiency in one or more languages in  
               addition to English, through one of the following methods: 

               i)     Pass a foreign language Advanced Placement (AP)  
                 examination with a score of 3 or higher or an  
                 International Baccalaureate examination with a score or 4  
                 or higher.

               ii)    Successfully complete a four-year high school course  
                 of study in a foreign (world) language, and attain an  
                 overall grade point average of 3.0 or above in that  
                 course of study. 

               iii)   Pass 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 no AP examination or off-the-shelf language  
                 test exists, and the school district can certify to the  
                 State Superintendent of Public Instruction (SSPI) that  
                 the test meets the rigor of a four-year high school  
                 course of study in that foreign (world) language. If a  
                 school district offers an examination in a language in  
                 which an AP examination or off-the-shelf language test  
                 does exist, the school district language examination must  
                 be approved by the SSPI for the purpose of determining  
                 proficiency in a language other than English.

               iv)    Passing the Scholastic Assessment Test II foreign  
                 language examination with a score of 600 or higher. (EC §  
                 51461)

          6)Provides that if the primary language of a pupil in any of  
            grades 9-12 inclusive is other than English, the student is  







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            also required to attain the early advanced proficiency level  
            on the California English Language Development Test (CELDT) as  
            well as meet criteria listed above in 5a, b, and c.

          This bill:

          1)Expands the definition of a "long-term English learner."  More  
            specifically, it:

             a)   Includes students who have been enrolled in school for  
               six years or more (rather than more than six years). 

             b)   Includes students who have regressed to a lower English  
               language proficiency level, if these students also score  
               far below basic or below basic on the state adopted English  
               language arts standards-based achievement test. 

             c)   Makes other technical grade level and testing year  
               corrections. 

          1)Expands the definition of "an English learner at risk of  
            becoming a long-term English learner."  More specifically, it:

             a)   Expands the grade level of students who could be so  
               classified from grades 5-11 to grades 3-12.

             b)   Expands the number of years of U.S. school enrollment  
               from four to five years.

             c)   Makes other technical grade level and testing year  
               corrections. 

          3)Prohibits the exclusion of students from the report of  
            "long-term English learners" or "English learners at risk of  
            becoming a long-term English learners" based upon an absence  
            of English language standards test results. 

          4)Expands the CDE notice requirements to include the posting of  
            the statewide number of "long-term English learners" and  
            "English learners at risk of becoming long-term."

          5)Authorizes the use of alternate examinations for the purpose  
            of the SSB.  More specifically, it authorizes the use of any  
            of the following:







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             a)   The California Standards Test in ELA administered in  
               grade 11 at the proficient level or above.

             b)   The California Assessment of Student Performance and  
               Progress in English language arts administered in grade 11  
               at a score of level 3 or higher.

             c)   Any equivalent score on any successor test.

     Comments
          
          1)Need for the bill.  This bill attempts to address several  
            issues identified by the CDE around the implementation of the  
            SSB and Long-term English Learner statutes.  Respectively, the  
            provisions of the bill are intended to update testing  
            requirements to reflect newly adopted state standards and  
            assessments and align the statute with data reporting  
            timelines. 
               
          2)Long-term English Learners.  A 2010 report by Californians  
            Together, Reparable Harm: Fulfilling the Unkept Promise of  
            Educational Opportunity for California's Long-Term English  
            Learners, presented survey data collected from 40 school  
            districts.  Major findings of the survey included the  
            following:

               a)        The majority (59%) of secondary school English  
                    learners are "Long-Term English Learners" (defined as  
                    being in U.S. schools for more than six years without  
                    sufficient English proficiency to be reclassified).

               b)        California school districts that do not have a  
                    shared definition of "Long-term English learners."

               c)        Several contributing factors include: no receipt  
                    of language development programs, being given  
                    elementary school curricula and materials that were  
                    not designed to meet English Learner (EL) needs, weak  
                    language development program models, inconsistent  
                    programs, social and linguistic isolation, and other  
                    things.

               d)        Few districts have designated programs or formal  







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                    approaches designed for "Long-Term English Learners." 

               In 2012, the Legislature enacted statute to begin the  
               process of identifying "long-term English learners to  
               ensure that they do not become "invisible" and do no fall  
               through the cracks regarding instruction.

          3)State Seal of Biliteracy.  The SSB, established by AB 815  
            (Brownley, Chapter 618, Statutes of 2011) became effective  
            January 1, 2012.  According to the author, in June of 2014,  
            217 local educational agencies provided 24,655 awards, more  
            than double the number of seals awarded in the first year of  
            implementation (2012).

            In 2011, California joined the Smarter Balanced Assessment  
            Consortium (SBAC) as a governing state for the purpose of  
            developing assessments that are aligned to the common core  
            standards, which were adopted by the State Board of Education  
            on August 2010.  As a condition of becoming a governing member  
            state, California committed to administering the SBAC  
            assessments to pupils beginning in the 2014-15 school year.   
            Existing law requires districts, charter schools and COEs to  
            administer field tests and pilot tests of the SBAC assessments  
            only in the 2013-14 school year.  (Education Code § 60640) 

            Under existing law, one of the requirements to receive the SSB  
            is that a student pass the California Standards Test in ELA  
            administered in grade 11 at the proficient level or above.   
            This bill is attempting to ensure that any new state adopted  
            standards aligned English language arts test can be used for  
            the purposes of the SSB.  

          4)English learners.  The CDE provides the following information  
            on English learners in California's public schools:

             a)   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.

             b)   73 percent of English learners are enrolled in the  
               elementary grades (K-6) with the remaining 27 percent  
               enrolled in grades 7-12.  

             c)   Although English learner data is collected for 60  







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               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.

             d)   During 2013-14, the CDE administered the CELDT to 1.4  
               million students, 1.15 million of whom were tested under  
               the annual assessment window. 

             e)   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. 
                     
          FISCAL EFFECT:   Appropriation:   No          Fiscal  
          Com.:YesLocal:   No




          SUPPORT:   (Verified5/12/15)


          None received


          OPPOSITION:   (Verified5/12/15)


          None received 


          Prepared by:Kathleen Chavira / ED. / (916) 651-4105
          5/13/15 17:26:16


                                   ****  END  ****


          









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