BILL NUMBER: AB 1767 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
AMENDED IN ASSEMBLY MARCH 19, 2012
INTRODUCED BY Assembly Member Norby
FEBRUARY 17, 2012
An act to amend Section 313 of add Section
314 to the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 1767, as amended, Norby. Pupils: English learners:
reclassification. home language survey: notification
letter.
Existing law requires each school district that has one or more
pupils who are English learners and, to the extent required by
federal law, each county office of education and each charter school
to assess the English language development of its pupils in order to
determine the level of proficiency of the pupils. Existing law
requires the State Department of Education, with the approval of the
State Board of Education, to establish procedures for conducting the
assessment and for the reclassification of a pupil from English
learner to English proficient.
This bill would require the department to make available to public
schools in the state a sample notification letter, to be provided
with the home language survey, that explains to parents or legal
guardians of pupils the purpose of the home language survey and the
procedures for identification and reclassification of English learner
pupils. The bill also would require local educational agencies, when
conducting the home language survey, to provide the notification
letter to the parents or legal guardians of pupils in that local
educational agency. To the extent this bill would require local
educational agencies to perform additional duties, the bill would
impose a state-mandated local program.
Existing law requires each school district that has one or more
pupils who are English learners, and to the extent required by
federal law, a county office of education and a charter school, to
assess the English language development of each of those pupils in
order to determine their level of proficiency. Existing law requires
annual assessments to continue until a pupil is redesignated as
English proficient and requires the assessment to utilize primarily
the English language development test identified or developed by the
Superintendent of Public Instruction pursuant to specified
provisions.
The Leroy Greene California Assessment of Academic Achievement Act
requires school districts, charter schools, and county offices of
education to administer to each of their pupils in grades 2 to 11,
inclusive, certain achievement tests, including the standards-based
achievement tests that are part of the Standardized Testing and
Reporting (STAR) Program.
This bill would require that a pupil in any of grades 3 to 11,
inclusive, be eligible to be reclassified as fluent English
proficient if the pupil attains the proficient level of performance
on the English language arts STAR test, a score of intermediate or
above on all portions of the California English Language Development
Test, and a 3.0 grade point average at the end of the school year,
and, upon attainment of these requirements, would require the pupil
to be reclassified as fluent English proficient upon verified
approval submitted by the pupil's parent or legal guardian. To the
extent this bill would require local educational agencies to perform
additional duties regarding the reclassification of English learners,
the bill would impose a state-mandated local program.
The bill would authorize a school district to continue to receive
state funding designated for its English learners for up to 2 years
after the pupil has been reclassified as fluent English proficient,
and would state the intent of the Legislature that the school
district use the funding for the purpose of monitoring pupils who
have been reclassified as fluent English proficient for up to 2
years. The bill also would correct some cross-references.
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:
SECTION 1. Section 314 is added to the
Education Code , to read:
314. (a) The department shall make available to public schools in
the state a sample notification letter, to be provided with the home
language survey, that explains to parents or legal guardians of
pupils the purpose of the home language survey and the procedures for
identification and reclassification of English learner pupils.
(b) When conducting the home language survey, local educational
agencies shall provide the notification letter described in
subdivision (a) to the parents or legal guardians of pupils in that
local educational agency.
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 and, to the extent required by federal law, each
county office of education and each charter school shall assess the
English language development of each pupil in order to determine the
level of proficiency for purposes of this chapter.
(b) The department, with the approval of the 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 English proficient.
(c) Commencing with the 2000-01 school year until subdivision (d)
is implemented, the assessment shall be conducted upon initial
enrollment, and annually thereafter, during a period of time
determined by the Superintendent and the state board. The annual
assessments shall continue until the pupil is reclassified as English
proficient. The assessment shall primarily utilize the English
language development test identified or developed by the
Superintendent pursuant to Chapter 7 (commencing with Section 60810)
of Part 33 of Division 4 of Title 2.
(1) (A) A pupil in any of grades 3 to 11, inclusive, shall be
eligible to be reclassified as fluent English proficient if the pupil
attains all of the following:
(i) The proficient level of performance on the English language
arts test administered pursuant to Article 4 (commencing with Section
60640) of Chapter 5 of Part 33 of Division 4 of Title 2.
(ii) The score of intermediate or above on all portions of the
California English Language Development Test.
(iii) A 3.0 grade point average at the end of the school year.
(B) Upon attaining the requirements of subparagraph (A), a pupil
shall be reclassified as fluent English proficient upon verified
approval submitted by the pupil's parent or legal guardian.
(2) (A) A school district may continue to receive state funding
designated for its English learners for up to two years after the
pupil has been reclassified as fluent English proficient.
(B) It is the intent of the Legislature that the school district
use the funding pursuant to this paragraph for the purpose of
monitoring pupils who have been reclassified as fluent English
proficient for up to two years.
(d) (1) This subdivision shall not be implemented unless and until
the department receives written documentation from the United States
Department of Education that federal law permits the implementation
of the changes set forth in this subdivision or until the 2013-14
school year, whichever occurs later.
(2) The assessment shall be conducted annually during a period
that commences on the day upon which 55 percent of the instructional
year is completed through July 1 of that calendar year. Annual
assessments shall continue until the pupil is reclassified as English
proficient. The annual assessment shall primarily utilize the
English language development test identified or developed by the
Superintendent pursuant to Chapter 7 (commencing with Section 60810)
of Part 33 of Division 4 of Title 2.
(3) The assessment shall be conducted upon the initial enrollment
of a pupil in order to provide information to be used to determine if
the pupil is an English learner.
(A) If the initial enrollment of a pupil occurs on a date outside
of the testing period identified pursuant to paragraph (2), the prior
year's annual assessment for the grade in which the pupil is
enrolling shall be used for this purpose.
(B) If the initial enrollment of a pupil occurs on a date within
the testing period identified pursuant to paragraph (2), the initial
assessment of the pupil shall be conducted as part of the annual
assessment conducted pursuant to paragraph (2).
(4) Notwithstanding paragraph (2), a school district shall assess
the English language development of a pupil pursuant to this section
no more than one time per school year.
(e) The assessments conducted pursuant to subdivision (d) shall be
conducted in a manner consistent with federal statutes and
regulations.
(f) The reclassification procedures developed by the 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 that is developed or acquired 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 performance of the pupil 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.
(g) This section does not preclude a school district or county
office of education from testing English learners more than once in a
school year if the school district or county office of education
chooses to do so.
SEC. 2. 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.