BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       SB 521
          AUTHOR:        Romero
          AMENDED:       April 20, 2009
          FISCAL COMM:   Yes            HEARING DATE:  April 22, 2009
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  California English Language Development Test  
          (CELDT)
          
           SUMMARY  

          This bill requires that the California English Language  
          Development Test (CELDT) be administered annually during a  
          three month test period commencing with the day upon which  
          65 percent of the instructional year is completed and  
          establishes new requirements for the California Department  
          of Education (CDE) related to the CELDT, including that the  
          CDE report test results to parents, as specified.  

           BACKGROUND  

          Current law requires that each school district with English  
          language learners annually assess these students' English  
          language development until they are redesignated as English  
          proficient.  This assessment is conducted via the  
          California English Language Development Test (CELDT).   The  
          CELDT must be administered to all students whose primary  
          language is not English within 30 calendar days after they  
          are enrolled in a California public school for the first  
          time, and annually thereafter during a period of time  
          determined by the Superintendent of Public Instruction and  
          the State Board of Education until they are reclassified as  
          fluent English proficient.  The CELDT serves three  
          purposes.  It 1) identifies pupils as limited English  
          proficient, 2) determines the level of English language  
          proficiency of these students, and 3) annually assesses the  
          progress of these students in acquiring the skills of  
          listening, speaking, reading, and writing in English.

           ANALYSIS
           




                                                                SB 521
                                                                Page 2



           This bill  :

          1)   Deletes the authority of the Superintendent of Public  
               Instruction and the State Board of Education to  
               determine the period of time for annually  
               administering the CELDT. 

          2)   Requires the CELDT to instead be administered during a  
               three-month test period commencing with the day upon  
               which 65 percent of the instructional year is  
               completed. 

          3)   Requires the California Department of Education (CDE)  
               report test results to parents. More specifically it:

                    a)             Requires that results be reported  
                    in English or, if available, the language  
                    reported on the home language survey. 

                    b)             Requires the results be provided  
                    in a format that utilizes easily understood  
                    terminology and includes an explanation of the  
                    test's purpose, the score, and the intended use  
                    of the score by the district. 

          4)   Declares the Legislature's intent to direct the  
               California Department of Education to explore cost  
               saving measures regarding the administration of the  
               California English Language Development Test (CELDT)  
               to include electronic test administration and  
               procedures for reuse of test booklets.

           STAFF COMMENTS  

              1)   Intent of the bill  .  During 2007-2008 the CDE  
               administered the CELDT to 1.7 million students, 1.3  
               million of whom were tested under the annual  
               assessment window.  According to the author, English  
               learner students, unlike students taking other  
               standardized tests, do not have the opportunity to be  
               tested on content that has recently been taught.   
               Instead they are tested each fall on content taught  
               during the previous school year.  According to the  
               author, the poor timing of the test affects  
               performance, creating problems in redesignating these  
               students as English proficient and creates an inequity  




                                                                SB 521
                                                                Page 3



               by testing students on curriculum for which they  
               received instruction several years in the past. 

              2)   Current practice compared to bill provisions  . 

                Test administration  . California currently administers  
               the CELDT at the beginning of the school year (July 1-  
               October 31) and results are generally made available  
               to school districts by early February. The sponsors  
               contend that this makes it difficult for districts to  
               use this information to make informed placement and  
               instructional decisions, and, testing after summer  
               when students are not at peak proficiency can  
               negatively affect reclassification. According to the  
               sponsor, many other states are able to test English  
               learners' language proficiency toward the end of the  
               current school year. 

                Parental reporting  . According to the sponsors, the  
               test vendor prepares a report for distribution to  
               parents that is printed completely in English and in a  
               bar graph format, and, unlike the California Standards  
               Tests (CSTs), it gives no information or  
               recommendations to parents on how to assist their  
               children to learn English. Current law requires that  
               the CDE report individual results of the CSTs in  
               writing to parents/guardians and include a clear  
               explanation of the purpose of the test, the pupil's  
               score, and its intended use by the school district.  
               This bill would implement these same requirements in  
               regards to the California English Language Development  
               Test (CELDT) results. 

              3)   Why 65 percent  ? This bill requires administration  
               of the CELDT during a three-month test period  
               commencing with the day upon which 65 percent of the  
               instructional year is completed. According to the  
               sponsors, this provision is intended to address  
               concerns that changing the timeframe for administering  
               the CELDT to the spring would result in conflict or  
               competition with the administration of other tests  
               (California Standards Tests, Standards-based Tests in  
               Spanish, the California High School Exit Exam, SATs  
               and ACTs). In general, this bill would authorize the  
               annual administration of the CELDT sometime after  
               March, but still give districts the flexibility to  




                                                                SB 521
                                                                Page 4



               schedule the test to accommodate other testing  
               requirements. 
           
             4)   Consistent with American Institutes of Research  
               findings  . In its statutorily required report, Effects  
               on the Implementation of Proposition 227 on the  
               Education of English Learners, the American Institutes  
               of Research found that the deadline for reporting  
               reclassification results is inconsistent with the  
               calendar of assessments and reporting of these  
               results, complicating local reclassification  
               procedures. The report noted, "School districts  
               experience significant pressure carrying out  
               redesignation procedures and completing counts of  
               redesignated students in time for the Language Census  
               February 28 deadline. Moreover, some districts noted  
               that this short February time window is further  
               compressed as they also require parents to meet  
               one-on-one with educators, participate in the  
               redesignation process and or sign off approving the  
               decision to redesignate."

              5)   Prior legislation .  AB 2077 (Fuentes, 2008) which  
               was nearly identical to this bill, was heard and  
               passed by this committee on June 25, 2008, by a vote  
               of 7-0.  The bill was subsequently held under  
               submission in the Senate Appropriations Committee.  AB  
               2077 required that the department annually release  
               sample questions of the CELDT and allow a school  
               district to unofficially locally score the CELDT.   
               This bill has omitted those provisions.  

           SUPPORT  

          Californians Together
          Los Angeles Unified School District

           OPPOSITION

           State Superintendent of Public Instruction - Jack O'Connell