BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1767
                                                                  Page  1

          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1767 (Norby) - As Amended:  April 26, 2012 

          Policy Committee:                              Education 
          Vote:8-0

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

           SUMMARY  

          This bill requires the State Department of Education (SDE) to 
          create a sample notification letter that explains to 
          parents/guardians the purpose of the home language survey (HLS) 
          and the procedures for identification and reclassification of 
          English learner (EL) pupils.  Specifically, this bill: 

          Requires local education agencies (LEAs), when conducting the 
          HLS, to provide the notification letter to the parents/legal 
          guardians of pupils under their jurisdiction.  

           FISCAL EFFECT  

          1)GF/98 state reimbursable mandated costs to LEAs, of at least 
            $720,000, to provide the notification letter and ensure 
            parents/guardians receive it.  

          2)Minor, absorbable costs to SDE to make a sample notification 
            letter available for use by LEAs.  

           COMMENTS  

           1)Existing law  defines an EL pupil as one who does not speak 
            English or whose native language is not English and who is not 
            currently able to perform ordinary classroom work in English. 
            Statute also defines an EL pupil as one who does not have 
            clearly developed English language skills of comprehension, 
            speaking, reading, and writing necessary to receive 
            instruction in English at a level substantially equivalent to 
            pupils of the same age or grade whose primary language is 
            English. 








                                                                  AB 1767
                                                                  Page  2


            Current law requires the Superintendent of Public Instruction 
            (SPI) to prescribe census taking methods for the purpose of 
            helping LEAs identify EL pupils.  These methods include a 
            determination of the primary language of each pupil enrolled 
            in the LEA via the HLS.  Statute further specifies once the 
            primary language of the pupil is determined, it need not be 
            re-determined unless the parent/guardian claims there is an 
            error. Home language determinations are required only once, 
            unless the results are disputed by a parent/guardian.

            The purpose of the HLS is to gather information to provide 
            adequate instructional programs and services to the EL pupil.  
            According to the SDE, there were approximately 1.44 million 
            ELs enrolled in schools in 2010-11, which equals approximately 
            23% of the total K-12 school enrollment.   

           2)Purpose  .  According to the author, "In California, there is an 
            alarming rate of students being classified as EL without 
            really needing to be.  There are students who are initially 
            classified as EL simply because the parents notated that the 
            student spoke something other than English at home, regardless 
            of whether English is the student's first language.  Parents 
            are also finding it very difficult to take their kids out of 
            EL �programs] and putting them into regular English classes 
            due to state laws and school push-back."

            This bill requires SDE to make a sample notification letter 
            that explains to parents/guardians the purpose of the HLS and 
            the procedures for identification and reclassification of EL 
            pupils.



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