BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 750


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          Date of Hearing:  June 17, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          SB  
          750 (Mendoza) - As Amended May 12, 2015


          SENATE VOTE:  36-0


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


          SUMMARY:  Modifies the definitions of a "long-term English  
          learner" (LTEL) and "an English learner at risk of becoming a  
          long-term English learner" (ARLTEL), expands the notification  
          requirements of the California Department of Education (CDE)  
          regarding these students, and authorizes the use of alternate  
          assessments for the purpose of the State Seal of Biliteracy  
          (SSB).  Specifically, this bill:  


          1)Changes the definition of a "long term English learner" by:



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



             b)   including students who have regressed to a lower English  








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               language proficiency level (in addition to scoring at the  
               same level for two or more consecutive years)

             c)   limiting the grades in which a student must score at  
               below basic or far below basic on the English language arts  
               assessment to grades 6-9 (instead of 6-12)



             d)   stating that, if the assessment data above is not  
               available for a student, that student shall not have that  
               criteria applied and shall not be excluded based on those  
               criteria.



          1)Changes the definition of "an English learner at risk of  
            becoming a long-term English learner" by:  



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



             b)   expanding the number of years of U.S. school enrollment  
               from 4 to 5 years



             c)   expanding the California Department of Education (CDE)  
               notice requirements to include the posting of the statewide  
               number of LTELs and ARLTELs



          1)Authorizes the use of alternate criteria for the purpose of  
            the SSB by requiring the Superintendent of Public Instruction  








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            (SPI) to designate alternative equivalent criteria for  
            eligibility for the SSB in the event that scores from the  
            California Standards Test in English language arts or its  
            successor are not available.



          2)Requires the use of the alternative criteria only while the  
            assessment scores are unavailable. 



          
          EXISTING LAW:   


          1)Defines an LTEL as an English learner who:



             a)   is enrolled in any of grades 6 to 12



             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











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          1)Existing law defines an ARLTEL as an English learner who:



             a)   is enrolled in any of grades 5-11



             b)   has been enrolled in schools in the United States for 4  
               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



          1)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 school  
            districts and schools.



          2)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, 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  








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            qualifying student.  

          3)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 administered in grade 11 at the proficient level or  
               above.



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

             b)   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.





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



             d)   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  








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               higher, if no AP examination or off-the-shelf language test  
               exists, and the school district can certify to the  
               Superintendent of Public Instruction (SPI) 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 SPI for the purpose of determining proficiency in a  
               language other than English.



             e)   passing the Scholastic Assessment Test II foreign  
               language examination with a score of 600 or higher. 


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  
           


          COMMENTS:  


          Need for the bill.  According to the author, this bill is  
          intended to addresses several technical issues identified by the  
          CDE upon their implementation of the Long Term English Learner  
          (LTEL) statute, and to update the criteria for the State Seal of  
          Biliteracy by adding the new California Assessment of Student  
          Performance and Progress in English language arts. 


          Changes to the LTEL and ARLTEL code include provisions which  
          align the code with the state's assessment program (allowing for  
          identification of LTELs when assessment data is not produced for  
          a given grade level, and eliminating the use of the English  
          language arts assessment in grades 10-12 because only 11th  
          graders are tested), provide authority for the CDE to consider  








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          instances when a student's English proficiency scores regress  
          (rather than just stay the same), and expanding the definition  
          of ARLTEL to include students in their 5th year of school so  
          that they may be identified the year before they can become  
          identified as LTEL.


          First state data on LTELs now available.  The first data  
          available identifying the number and percentage of LTELs was  
          produced by the CDE in draft form in December, 2014 and provided  
          to school districts and county offices of education.  These data  
          indicate the following:


                 Of the approximately 471,000 English learners in grades  
               6-12 (who were not previously reclassified), approximately  
               339,000 have been in a U.S. school for more than six years.



                 Of the approximately 339,000 English learners who have  
               been in U.S. schools for more than six years (and who have  
               not been reclassified), approximately 90,000 are LTELs.   
               This represents 26.5% of population which can be identified  
               under current law (note that this percentage applies to the  
               group of English learners who were not previously  
               reclassified).

                 The data on ARLTELs was not informative due to  
               limitations in current law (including provisions which  
               would be revised by this bill).



          Data for identification of LTELs limited as districts transition  
          to new test data.  Current law requires identification of LTELs  
          and ARLTELs to be based in part on two of the criteria used in  
          the reclassification of English learners:  scores on the  
          assessment of English language development, and scores on the  








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          assessment of English language arts.  


          These two assessments are currently in transition.  The state's  
          new Common Core aligned English language arts assessment was  
          fully administered for the first time this year, and the state  
          has not produced assessment data in English language arts for  
          two years.  In addition, starting in 2017-18 the state will  
          begin using a new Common Core aligned measure of English  
          proficiency - the English Language Proficiency Assessments for  
          California (ELPAC).


          What will any new reclassification policy mean for the  
          definition of LTEL?  State law now recognizes three designations  
          of students with respect to English proficiency:  English  
          learners, long term English learners, and reclassified English  
          learners.


          For several years the Legislature has heard that changes are  
          necessary to the state's reclassification system for English  
          learners.  A 2014 analysis by the Public Policy Institute of  
          California found that more than 90 percent of districts in the  
          analysis use more demanding criteria than are suggested by the  
          State Board of Education's reclassification guidelines.  





          SB 1108 (Padilla), Chapter 434, Statutes of 2012, required the  
          CDE to undertake a review of the reclassification system, but  
          funding was never provided for that purpose and the review did  
          not take place.  AB 491 (Gonzalez) of this session requires the  
          CDE to recommend, and the State Board of Education to adopt,  
          best practices for the reclassification of English learners by  
          July 2022, when data from the new assessment of English language  
          development will be available.  If the state's reclassification  








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          criteria do change, the Committee may wish to consider what  
          relationship new criteria will have to the definition of a long  
          term English learner.



          State Seal of Biliteracy a growing trend.  According to the CDE,  
          since 2012 nearly 60,000 SSBs have been awarded to graduating  
          seniors, and approximately 40 percent of those receiving the SSB  
          are former EL students.  California was the first state to adopt  
          a seal of biliteracy.


          Related legislation.  AB 491 (Gonzalez) of this session requires  
          the CDE to recommend, and the State Board of Education to adopt,  
          best practices for the reclassification of English learners, by  
          July 2022.

          AB 2303 (Bloom, 2014), among other things, would have authorized  
          the use of alternate assessments for the purpose of the State  
          Seal of Biliteracy. AB 2303 died in the Senate Appropriations  
          Committee. 



          REGISTERED SUPPORT / OPPOSITION:




          Support


          State Superintendent of Public Instruction Tom Torlakson  
          (sponsor)


          California Association for Bilingual Education 









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          California Immigrant Policy Center


          California Language Teachers Association


          California School Boards Association


          California Teachers Association


          Californians Together


          Families in Schools


          Los Angeles Unified School District


          Public Advocates




          Opposition


          None on file




          Analysis Prepared by:Tanya Lieberman / ED. / (916)  
          319-2087










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