BILL NUMBER: SB 521 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Romero
FEBRUARY 26, 2009
An act to amend Section 313 of, and to add Section 60814 to, the
Education Code, relating to pupil testing.
LEGISLATIVE COUNSEL'S DIGEST
SB 521, as introduced, Romero. Pupil testing: English language
development test.
Existing law requires each school district that has one or more
pupils who are English learners to assess the English language
development of each of those pupils upon initial enrollment in order
to determine the level of proficiency of those pupils and thereafter
to assess each of those pupils annually until the pupil is
redesignated as English proficient. The assessment primarily consists
of the administration of a specified English language development
test that assesses pupils in grades 2 to 12, inclusive, in English
listening, speaking, reading, and writing skills, and pupils in
kindergarten and grade 1 in English listening and speaking.
This bill would require the annual assessment to be conducted
during a 3-month test period that commences on the day when 65% of
the instructional year is completed. The bill would require the State
Department of Education annually to release sample questions from
the English language development for the purpose of instruction and
to provide the score a pupil achieves on the English language
development test to the parent or guardian of the pupil in English
and, if available, in the language reported on the home language
survey. The bill would require that the score be provided in a format
that uses terminology that is easy to understand and includes an
explanation of the purpose of the test, the pupil's score, and the
intended use of that score by the school district.
The bill would state the intent of the Legislature to direct the
department to explore cost saving measures regarding the
administration of the California English language development test,
including electronic test administration and procedures by which test
booklets may be reused.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 313 of the Education Code is amended to read:
313. (a) Each school district that has one or more pupils who are
English learners shall assess each pupil's
the English language development of each pupil in
order to determine the level of proficiency for the purposes of this
chapter.
(b) The State Department of Education
department , with the approval of the State Board of
Education state board , shall establish
procedures for conducting the assessment required pursuant to
subdivision (a) and for the reclassification of a pupil from English
learner to proficient in English.
(c) Commencing with the 2000-01 school year, the
The assessment shall be conducted upon initial
enrollment, and annually , thereafter, during a
period of time determined by the Superintendent of Public
Instruction and the State Board of Education
three-month testing period that shall commence on the day
that 65 percent of the instructional year is completed . The
annual assessments shall continue until the pupil is redesignated as
English proficient. The assessment shall primarily
shall utilize the English language development test
identified or developed by the Superintendent of Public
Instruction pursuant to Chapter 7 (commencing with Section
60810) of Part 33. Prior to completion of the English
language development test, a school district shall use either an
assessment instrument developed by the school district or an
assessment recommended by the State Department of Education.
The department shall provide the score a pupil
achieves on the English language development test to the parent or
guardian of the pupil in English and, if available, in the language
reported on the home language survey. The score shall be provided in
a format that uses terminology that is easy to understand and
includes an explanation of the purpose of the test, the score the
pupil achieved, and the intended use of that score by the school di
strict.
(d) The reclassification procedures developed by the
State Department of Education department shall
utilize multiple criteria in determining whether to reclassify a
pupil as proficient in English, including, but not limited to, all of
the following:
(1) Assessment of language proficiency using an objective
assessment instrument, including, but not limited to, the English
language development test pursuant to Section 60810.
(2) Teacher evaluation, including, but not limited to, a review of
the pupil's curriculum mastery.
(3) Parental opinion and consultation.
(4) Comparison of the pupil's performance in basic skills against
an empirically established range of performance in basic skills based
upon the performance of English proficient pupils of the same age,
that demonstrates whether the pupil is sufficiently proficient in
English to participate effectively in a curriculum designed for
pupils of the same age whose native language is English.
(e) It is the intent of the Legislature that nothing in
this section this section does not preclude a
school district or county office of education from testing English
language learners more than once in a school year if the school
district or county office of education chooses to do so.
SEC. 2. Section 60814 is added to the Education Code, to read:
60814. The department annually shall release sample questions
from the English language development test developed pursuant to
Section 60810 for the purpose of instruction.
SEC. 3. It is the intent of the Legislature to direct the State
Department of Education to explore cost saving measures regarding the
administration, pursuant to Section 313 of the Education Code, of
the English language development test. The measures shall include
electronic test administration and procedures by which test booklets
may be reused.