BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 70
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          Date of Hearing:   April 1, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Le?n, Chair

                 AB 70 (Duvall) - As Introduced:  December 12, 2009 

          Policy Committee:                              Education  
          Vote:10-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the State Department of Education (SDE), as  
          part of its duties in administering the California English  
          Language Development Test (CELDT), to gather from each school  
          district that has one or more English learners (ELs) the  
          criteria the district uses for the reclassification of a pupil  
          from EL to proficient in English.  Specifically, this bill:  

          1)Requires SDE to summarize and report the criteria it receives  
            from school districts on its Internet website, as specified.  

          2)Specifies that "school district" includes a county office of  
            education and a charter school.  

           FISCAL EFFECT  

          1)Minor, absorbable reimbursable GF/98 costs, of at least  
            $50,000, to local education agencies (LEAs) to report to the  
            SDE on its reclassification criteria, as specified.  

          2)GF administrative costs, likely less than $80,000, to the SDE  
            to post reclassification information on its website and ensure  
            compliance of this measure.  

           COMMENTS  

           1)Purpose  .  Current law requires LEAs to develop procedures that  
            use multiple criteria to determine whether to reclassify an EL  
            pupil as proficient in English. These criteria include the  
            CELDT, teacher evaluations of the pupil, parental  
            consultation, and a comparison of the EL pupil's performance  








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            in basic academic skills and basic skills in English  
            proficiency against the basic academic skills of a native  
            English speaking pupil of the same age and grade level. 

            In 2007-08, 1.33 million EL pupils were assessed by the CELDT.  
             Specifically, nearly 36% of pupils who took the test scored  
            at the early advanced (28.21%) and advanced (7.63%)  
            performance levels on the CELDT.  Many individuals question  
            why more EL pupils are not being reclassified as fluent  
            English proficient (FEP) if a significant number of these  
            pupils are scoring at CELDT levels that trigger  
            reclassification.  In 2007-08, 9.6% (150,573) of EL pupils  
            were reclassified FEP.  

            According to a report entitled Resource Needs for English  
            Learners: Getting Down to Policy Recommendations (Patricia  
            Gandara and Russell Rumberger, 2007), each district should  
            report reclassification criteria to the state and make this  
            information available online. The report notes this  
            information could help educators and policymakers make  
            determinations about optimal reclassification criteria and  
            policies.  This bill implements this recommendation.   

           2)The CELDT  , administered from July 1 to October 31 every year,  
            is used to (a) identify pupils as limited English proficient;  
            (b) determine the level of English language proficiency; and  
            (c) assess the progress of EL pupils in acquiring the skills  
            of listening, speaking, reading, and writing in English.  

            In May 2001, the State Board of Education approved five  
            proficiency levels for the initial and annual CELDT  
            administrations. The five levels are beginning, early  
            intermediate, intermediate, early advanced, and advanced.  
            CELDT results showed the proficiency level students achieved  
            for each skill area, for the listening and speaking areas  
            combined, and for overall English-language proficiency. 

            To satisfy the CELDT criterion for English language  
            proficiency, a student must have an overall scale score of  
            early advanced or advanced, plus a score of intermediate or  
            above for each of the domains tested (listening, speaking,  
            reading, and writing).  

           3)Previous legislation  .  AB 2822 (Duvall), which was held in the  
            Senate Appropriations Committee in August 2008, is virtually  








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            identical to this measure.  

           

           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081