BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 750|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                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  








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          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  








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            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  








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            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.








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             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.








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          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


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