Amended in Senate April 5, 2016

Senate Bill No. 1145

Introduced by Senator Hueso

(Principal coauthor: Assembly Member Roger Hernández)

February 18, 2016

An act begin delete to amend Section 8482.3 of, and end delete to add Chapter 15.5 (commencing with Section 53008) to Part 28 of Division 4 of Title 2 begin delete of, end delete begin insert of end insert the Education Code, relating to language arts.

LEGISLATIVE COUNSEL’S DIGEST

SB 1145, as amended, Hueso. Language arts: reading: begin delete assessments end delete begin insert diagnostic tools end insert and plans.

The Comprehensive Reading Leadership Program Act of 1996 authorizes county offices of education to apply to the State Board of Education to design a reading leadership program and develop materials that focus on reading skills, including phonics.

This bill would require the state board, on or before December 31, 2017, to begin delete develop a reading assessment end delete begin insert identify formative reading diagnostic tools end insert that can be used by the public schools to assess begin delete pupils end delete begin insert pupils end insert begin insert ’ developmental levels of reading proficiency end insert in grades 1 to 3, inclusive, in their ability to read proficiently by the end of grade begin delete 3. end delete begin insert 3 and to post a list of those diagnostic tools on the department’s Internet Web site. end insert The bill would begin delete require end delete begin insert require, on or before the beginning of the 2018-19 school year, end insert public schools that enroll pupils in begin delete these grades, end delete begin insert grades 1 to 4, inclusive, and at which less than 50% of 4th grade pupils demonstrate proficiency on English language arts standards on the statewide assessment administered the previous school year, end insert begin delete on or before the start of the 2018-19 school year, end delete to ensure that each pupil’s reading begin delete competency end delete begin insert proficiency end insert is measured using begin insert at least one of end insert the begin delete reading assessment. end delete begin insert formative reading diagnostic tools identified above. end insert The bill would require any pupil who begin delete has a significant reading deficiency, end delete begin insert does not have an appropriate developmental reading level, end insert as provided, to have a reading plan to be created in collaboration with the pupil’s parent and teacher. The bill would require the reading plan to have certain elements to be reviewed at least annually by the school and updated or revised as appropriate. By expanding the duties of a public school, the bill would create a state-mandated local program.

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Existing law establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. Existing law requires each component of the program to have specified elements, including that the program have an educational and literacy element in which tutoring or homework assistance is offered in one or more specified areas.

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This bill would require, if the program is designed for pupils in elementary school, that tutoring and homework assistance be instead offered in language arts.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

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SECTION 1.  

Section 8482.3 of the Education Code is amended
to read:

8482.3.  

(a) The After School Education and Safety Program
shall be established to serve pupils in kindergarten and grades 1
to 9, inclusive, at participating public elementary, middle, junior
high, and charter schools.

(b) A program may operate a before school component of a
program, an after school component, or both the before and after
school components of a program, on one or multiple schoolsites.
If a program operates at multiple schoolsites, only one application
shall be required for its establishment.

(c) (1) Each component of a program established pursuant to
this article shall consist of the following two elements:

(A) (i) An educational and literacy element in which tutoring
or homework assistance is provided in one or more of the following
areas: language arts, mathematics, history and social science,
computer training, or science.

(ii) Notwithstanding clause (i), if the program is designed for
pupils in elementary school, then tutoring and homework assistance
shall be offered in language arts.

(B) An educational enrichment element that may include, but
need not be limited to, fine arts, career technical education,
recreation, physical fitness, and prevention activities.

(2) Notwithstanding any other provision of this article, the
majority of the time spent by a pupil who is in kindergarten or any
of grades 1 to 9, inclusive, and who is participating in a career
technical education element of a program established pursuant to
this article shall be at a site that complies with Section 8484.6.

(d) (1) Applicants shall agree that snacks made available
through a program shall conform to the nutrition standards in
Article 2.5 (commencing with Section 49430) of Chapter 9 of Part
27 of Division 4 of Title 2.

(2) Applicants shall agree that meals made available through a
program shall conform to the nutrition standards of the United
States Department of Agriculture’s at-risk afterschool meal
component of the federal Child and Adult Care Food Program (42
U.S.C. Sec. 1766).

(e) Applicants for programs established pursuant to this article
may include any of the following:

(1) A local educational agency, including, but not limited to, a
charter school, the California School for the Deaf (northern
California), the California School for the Deaf (southern
California), and the California School for the Blind.

(2) A city, county, or nonprofit organization in partnership with,
and with the approval of, a local educational agency or agencies.

(f) Applicants for grants pursuant to this article shall ensure that
each of the following requirements is fulfilled, if applicable:

(1) The application documents the commitments of each partner
to operate a program on that site or sites.

(2) The application has been approved by the school district, or
the charter school governing body, and the principal of each
participating school for each schoolsite or other site.

(3) Each partner in the application agrees to share responsibility
for the quality of the program.

(4) The application designates the public agency or local
educational agency partner to act as the fiscal agent. For purposes
of this section, “public agency” means only a county board of
supervisors or if the city is incorporated or has a charter, a city
council.

(5) Applicants agree to follow all fiscal reporting and auditing
standards required by the department.

(6) Applicants agree to incorporate into the program both of the
elements required pursuant to subdivision (c).

(7) Applicants agree to provide information to the department
for the purpose of program evaluation pursuant to Section 8483.55.

(8) Applicants shall certify that program evaluations will be
based upon Section 8484 and upon any requirements recommended
by the Advisory Committee on Before and After School Programs
and adopted by the state board, in compliance with subdivision
(g) of Section 8482.4.

(9) The application states the targeted number of pupils to be
served by the program.

(10) Applicants agree to provide the following information on
participating pupils to the department:

(A) Schoolday attendance rates.

(B) Program attendance.

(g) (1) Grantees shall review their after school program plans
every three years, including, but not limited to, all of the following:

(A) Program goals. A grantee may specify any new program
goals that will apply to the following three years during the grant
renewal process.

(B) Program content, including the elements identified in
subdivision (c).

(C) Outcome measures selected from those identified in
subdivision (a) of Section 8484 that the grantee will use for the
next three years.

(D) Any other information requested by the department.

(E) If the program goals or outcome measures change as a result
of this review, the grantee shall notify the department in a manner
prescribed by the department.

(F) The grantee shall maintain documentation of the after school
program plan for a minimum of five years.

(2) The department shall monitor this review as part of its onsite
monitoring process.

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begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

Chapter 15.5 (commencing with Section 53008)
is added to Part 28 of Division 4 of Title 2 of the Education Code,
to read:

 

Chapter  15.5. Golden State Reading Guarantee

 

53008.  

(a) The Legislature finds and declares all of the
following:

(1) Reading proficiently by the end of begin delete third end delete grade begin insert 3 end insert can be a
make-or-break benchmark in a child’s educational development.
Up until the end of begin delete third grade, end delete begin insert grade 3, end insert most children are learning
to read. Beginning in begin delete fourth grade, end delete begin insert grade 4, end insert however, they are
reading to learn, using their skills to gain more information in such
subjects as mathematics and science.

(2) California’s long-term economic strength depends on having
an educated workforce and grade-level reading proficiency is the
key. By dramatically getting more California children on track as
proficient readers, California can also dramatically stop the cycle
of intergenerational poverty, and boost the individual earning
potential, global competitiveness, and overall quality of life for
all Californians.

(3) An important partnership between a parent and child begins
before the child enters kindergarten, when the parent helps the
child develop rich linguistic experiences, including listening
comprehension and speaking, that help form the foundation for
reading and writing, which are the main vehicles for content
acquisition.

(b) It is therefore the intent of the Legislature that all California
public schools that enroll pupils in begin delete first, second, or third grade end delete
begin insert grades 1 to 3, inclusive, end insert will work closely with the parents and
teachers of these pupils to provide them the instructional
programming, intervention instruction, and support necessary to
ensure that pupils, by the completion of begin delete third grade, end delete begin insert grade 3, end insert can
demonstrate a level of begin delete competency end delete begin insert proficiency end insert in reading skills
that is necessary to support them in achieving the academic
standards and expectations applicable to the begin delete fourth end delete grade begin insert 4 end insert
curriculum.

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(c) It is further the intent of the Legislature to increase the local
control funding formula base rate for pupils in kindergarten and
grades 1 to 3, inclusive, only at those schools at which 50 percent
or more of pupils in grade 4 score below reading proficiency on
a statewide assessment.

end insert

53008.1.  

On or before December 31, 2017, the state board shall
accomplish both of the following:

(a)  begin delete Develop a reading assessment end delete begin insert Identify a list of formative
reading diagnostic tools end insert that can be used by the public schools,
pursuant to Section 53008.2, to assess begin delete pupils end delete begin insert pupils’ developmental
levels of reading proficiency end insert in grades 1 to 3, inclusive, in their
ability to read proficiently by the end of grade begin delete 3. end delete begin insert 3 and to post a
list of those diagnostic tools on the department’s Internet Web site. end insert

(b) Define what it means for a pupil to have begin delete a “significant end delete begin insert an
appropriate “developmental end insert reading begin delete deficiency” end delete begin insert level end insert begin insert ” end insert in grades
1 to 3, inclusive, such that the pupil is begin delete not end delete on track to reading
proficiency by the end of grade 3, as determined by the begin delete reading
assessment. end delete begin insert formative reading diagnostic tools. end insert

53008.2.  

(a) On or before the begin delete start end delete begin insert beginning end insert of the 2018-19
school year, a public school that enrolls pupils in grades 1 to begin delete 3, end delete begin insert 4, end insert
inclusive, begin insert at which less than 50 percent of 4th grade pupils
demonstrate proficiency on English language arts standards on
the statewide assessment administered the previous school year, end insert
shall ensure that each pupil’s reading begin delete competency end delete begin insert proficiency end insert is
measured throughout the school year using begin insert at least one of end insert the
begin delete reading assessment developed end delete begin insert formative reading diagnostic tools
identified end insert by the state board pursuant to Section 53008.1 to
determine if a pupil has begin delete a significant end delete begin insert an appropriate developmental end insert
reading begin delete deficiency. end delete begin insert level for the pupil’s grade level. end insert

(b) A reading begin delete plan, end delete begin insert plan, as end insert described in subdivision (c), shall
be created for a pupil in grades 1 to 3, inclusive, who begin delete has a
significant reading deficiency, end delete begin insert is not at the appropriate
developmental reading level for the pupil’s grade level end insert as that term
is defined by the state board pursuant to Section 53008.1. The plan
shall be created in collaboration with the pupil’s parent and teacher,
if possible, and as soon as possible after the pupil’s begin delete significant end delete
begin insert developmental end insert reading begin delete deficiency end delete begin insert level end insert is identified. The pupil’s
reading plan shall continue to be implemented until the pupil
demonstrates reading proficiency. The pupil’s reading plan shall
be reviewed at least annually by the school and updated or revised
as appropriate to facilitate the pupil’s progress in demonstrating
reading proficiency.

(c) A reading plan shall include all of the following:

(1) The pupil’s begin delete specific, diagnosed reading skill deficiencies end delete
begin insert specific developmental reading level end insert that begin delete need end delete begin insert needs end insert to be
begin delete remediated end delete begin insert addressed end insert in order for the pupil to attain reading
proficiency.

(2) The goals and benchmarks for the pupil’s growth in attaining
reading proficiency by the end of grade 3.

(3) The type of additional instructional services and interventions
the pupil will receive in reading as determined by the school.

(4) The strategies the pupil’s parent is encouraged to use in
assisting their child to achieve reading proficiency that are designed
to supplement the additional instructional services and interventions
described in paragraph (3).

(5) Any additional services that are deemed available and
appropriate to accelerate the begin delete pupils’s end delete begin insert pupil’s end insert reading skill
development.

(d) The parent of the pupil shall be provided with a copy of their
child’s reading plan along with all of the following information:

(1) The state’s goal is for all children in California to graduate
from high school having attained skill levels that adequately
prepare them for postsecondary studies or for the workforce, and
research demonstrates that achieving reading competency by grade
3 is a critical milestone in achieving this goal.

(2) If the pupil enters grade 4 without achieving reading
competency, he or she is significantly more likely to fall behind
in all subject areas beginning in grade 4 and continuing in later
grades. If the pupil’s reading skill deficiencies are not remediated,
it is likely the pupil will not have the skills necessary to complete
the coursework required to graduate from high school.

(3) The parent plays a central role in supporting the pupil’s
efforts to achieve reading competency and is strongly encouraged
to work with his or her child’s teacher in implementing the reading
plan, and, in order to supplement the intervention instruction the
pupil receives in school, the reading plan will include strategies
the parent is encouraged to use at home to support the pupil’s
reading success.

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(e) If a pupil is identified as having a disability that impacts the
pupil’s progress in developing reading skills, the public school
shall, as appropriate, integrate into the pupil’s individualized
education program intervention instruction and strategies to address
the pupil’s reading issues in lieu of a reading plan.

end delete begin delete

(f)

end delete

begin insert (e) end insert  For purposes of this section, “parent” means parent or legal
guardian.

53008.3.  

It is the intent of the Legislature to increase the base
rate funding pursuant to Section 42238.02 for kindergarten and
grades 1 to 3, inclusive, for purposes of funding this chapter.

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begin insert SEC. 2. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.