BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 750| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 750 Author: Mendoza (D) Amended: 9/1/15 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 SENATE FLOOR: 36-0, 5/18/15 AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Berryhill, Hall, Pavley ASSEMBLY FLOOR: 79-0, 9/3/15 - See last page for vote SUBJECT: English language education: English learners 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," and expands the notification requirements of the California Department of Education (CDE) regarding these students Assembly Amendments delete provisions relative to the State Seal of Biliteracy, grant the Superintendent of Public Instruction (SPI) the authority to determine the appropriate scores for identifying these categories of English learners on the SB 750 Page 2 successor test to the current English language proficiency and California English language arts standards tests, and encourages the SPI to revisit these scores after three years of assessment data on the successor test. ANALYSIS: Existing law: 1)Defines a "Long-term English learner" as an English learner 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 SB 750 Page 3 and schools. (EC § 313.2) 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, and authorizes the SPI to determine the appropriate scores on any successor English language proficiency and English language arts standards based achievement tests for this purpose. c) Makes other technical grade level and testing year corrections. 2)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. d) Authorizes the SPI to determine the appropriate scores on any successor English language proficiency and English language arts standards based achievement tests for the purpose of identifying of "an English learner at risk of becoming a long-term English learner." 3)Prohibits the exclusion of students from the report of "long-term English learners" or "English learners at risk of SB 750 Page 4 becoming a long-term English learners" based upon an absence of English language standards test results. 4)Encourages the SPI to revisit the determined successor test scores for these purposes after three years of assessment data on the successor test. 5)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" on the department's Internet website. Comments 1)Need for the bill. This bill attempts to address several issues identified by the CDE around the implementation of the Long-term English Learner statutes. The provisions of this 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 needs, weak language development program models, inconsistent programs, social and linguistic isolation, and other things. SB 750 Page 5 d) Few districts have designated programs or formal 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)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 language groups, 95 percent speak one of the top 10 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 California English Language Development Test 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 Unknown with latest amendments. SB 750 Page 6 SUPPORT: (Verified9/3/15) None received OPPOSITION: (Verified9/3/15) None received ASSEMBLY FLOOR: 79-0, 9/3/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Jones-Sawyer Prepared by:Kathleen Chavira / ED. / (916) 651-4105 9/3/15 19:00:52 **** END ****