BILL NUMBER: AB 1988 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Davis
FEBRUARY 23, 2012
An act to amend Section 435 of add Chapter
7.5 (commencing with Section 52190) to Part 28 of Division 4 of
Title 2 of the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 1988, as amended, Davis. Pupils: English learners.
(1) Existing law, which is inoperative, defines "pupils of limited
English proficiency" as those who do not have the clearly developed
English language skills of comprehension, speaking, reading, and
writing necessary to receive instruction only in English at a level
substantially equivalent to pupils of the same age or grade whose
primary language is English. 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
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 inoperative Chacon-Moscone Bilingual-Bicultural Education Act
of 1976 contains provisions regarding the identification criteria and
allocation formulas that existing law requires to be used for
funding purposes. One of the inoperative provisions requires a school
district to ascertain the total number of pupils of limited English
proficiency within the district and classify them according to their
primary language, age, and grade level. This count is known as the
"census of pupils of limited English proficiency" and consists of a
determination of the primary language of each pupil enrolled in the
school district and an assessment of the language skills of all
pupils whose primary language is other than English. Another of the
inoperative provisions requires a school district to report annually
to the State Department of Education certain information regarding
English learners.
This bill would define "pupils of limited English proficiency" as
pupils who speak English as their primary language, have limited
proficiency in standard English, and come from home environments
where the absence of standard English or academic English spoken by
their parents or primary caregivers has a significant impact on their
level of English language proficiency. The bill would require a
school district to complete a "census of pupils of limited standard
English proficiency" that would consist in part of a determination of
the language proficiency of these pupils and a diagnostic assessment
of their language skills. The bill would require the results of this
census to be reported to the State Department of Education, which
would report this information to the State Board of Education along
with the specialized learning programs in which those pupils are
enrolled. The bill would require a school district to establish
reclassification criteria to determine when these pupils have
developed the language skills necessary to succeed in regular
classroom instruction. The requirements regarding the census,
assessments, and reclassification criteria would impose a
state-mandated local program on school districts.
The bill would require the Superintendent of Public Instruction to
review existing assessment tests of language development and to
determine if any meet specified requirements. If no suitable test
exists, the bill would authorize the Superintendent, with approval of
the state board, to contract to modify an existing test to meet the
specified requirements. The bill would require the test to be used to
identify pupils who are limited English proficient, to determine
their level of English proficiency, and to assess their progress in
acquiring the skills of listening, reading, speaking, and writing
standard English.
The bill would authorize the governing board of a school district
to consider the use of any structured English language development
instructional materials in reading, writing, speaking, and
comprehension if the district documents the lack of available and
appropriate materials, personnel, and training programs to address,
at every grade level, the needs of all standard English learners. The
bill would require the department to maintain a list of available
English language development curriculum materials to ensure that
school districts are provided with as many high-quality
standards-aligned instructional material options as possible. The
bill would authorize a school district to request an instructional
materials waiver and would require the waiver request to be signed by
the chairperson of the English language arts committee of the school
district.
The bill would authorize the department to use specified funds to
implement this act.
(2) 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.
The English Learner and Immigrant Pupil Federal Conformity Act
requires a local educational agency to provide instructional services
to limited-English-proficient pupils and immigrant pupils in
conformity with specified provisions of federal law. Existing law
defines the term "English learner" and other terms for purposes of
these provisions.
This bill would make technical, nonsubstantive changes to the
definitions provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
accomplish all of the following:
(a) Shine a spotlight on the achievement gap and allow for schools
and school districts to provide locally tailored solutions to the
problems causing the achievement gap.
(b) Provide a high-quality English language diagnostic assessment
that is aligned to the California common core state standards and to
support the development and use of high-quality assessments that are
aligned with college- and career-ready standards to better determine
whether pupils have acquired the skills they need for success. The
diagnostic assessment system will better capture skills, provide more
accurate measures of pupil growth, and better inform classroom
instruction to respond to academic needs.
(c) Provide for an initial assessment of standard English language
development to help identify pupils as standard English learners who
need to develop their listening, speaking, reading, and writing
skills.
(d) Provide for an annual assessment to be given to pupils who are
identified as standard English learners to see how well they are
developing their listening, speaking, reading, and writing skills in
English. The results of the annual assessment will be used, along
with other information, to help monitor each pupil's progress toward
proficiency in standard English.
(e) Provide flexibility by supporting state and local innovation
aimed at increasing the quality of instruction and improving pupil
achievement and the opportunity to innovate and develop locally
tailored solutions to the unique educational challenges of every
school district, school, and pupil.
(f) Provide schools with large achievement gaps the ability to
adopt research-based interventions to close the gap while increasing
overall pupil achievement, ensuring the success of all pupils,
especially those who are farthest behind.
SEC. 2. (a) The Legislature recognizes that
existing curricular tools may not be sufficient or are inadequate in
promoting the academic success of standard English learners and that
this population of pupils needs more explicit support to address the
academic deficits that often emerge as a result of their language
barriers.
(b) The Legislature recognizes that for English language arts
there may be a shortage of structured English language development
textbooks, curriculum, and teacher training programs.
(c) The Legislature recognizes that educators need more capacity
to collaborate and adjust instruction to meet the needs of pupils.
(d) Therefore, it is the intent of the Legislature to allow school
districts to request a waiver regarding the use of instructional
materials for limited-English-proficient pupils whose primary
language is English.
SEC. 3. Chapter 7.5 (commencing with Section
52190) is added to Part 28 of Division 4 of Title 2 of the
Education Code , to read:
CHAPTER 7.5. LIMITED-ENGLISH-PROFICIENT PUPILS WHOSE PRIMARY
LANGUAGE IS ENGLISH
52190. Unless the context otherwise requires, the definitions set
forth in this section shall govern the construction of this chapter.
(a) "Basic skills" means mathematics and language arts, including,
but not limited to, reading and writing.
(b) "Content standards" means the specific academic knowledge,
skills, and abilities that all public schools in this state are
expected to teach and all pupils are expected to learn in each of the
core curriculum areas, at each grade level tested.
(c) "Curriculum" means an outline of the components of a given
course of study designed to provide state direction to school
districts in the provision of instructional programs.
(d) "Diagnostic assessment" means assessments of the current level
of proficiency of a pupil that serves both of the following
purposes:
(1) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
(2) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
(e) "District board" means the governing board of a school
district.
(f) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a principle learning
resource and to help pupils to acquire facts, skills, or opinions or
to develop cognitive processes. Instructional materials may be
printed or nonprinted, and may include textbooks, technology-based
materials, other educational materials, and tests.
(g) "Primary language" is the language the pupil first learned or
the language that is spoken in the pupil's home.
(h) "Pupils of limited English proficiency" are pupils who speak
English as their primary language, have limited proficiency in
standard English, and come from home environments where the absence
of standard English or academic English spoken by their parents or
primary caregivers has a significant impact on their level of English
language proficiency. The challenge in speaking, reading, writing,
or comprehending the English language structure may deny these
individuals the ability to meet California's proficient level of
achievement on annual primary language proficiency assessments. The
determination of which pupils are pupils of limited English
proficiency shall be made in accordance with the procedures specified
in Section 52196.
52191. (a) Each school district shall ascertain not later than
the first day of March of each year the total number of pupils of
limited English proficiency, as defined in Section 52190, within the
district, and shall classify them according to their primary
language, age, and grade level. This count shall be known as the
"census of pupils of limited standard English proficiency" and shall
consist of a determination of the standard English proficiency of
each pupil enrolled in the school district and a diagnostic
assessment of the English language skills of all pupils whose primary
language is English.
(b) The census shall be taken by individual, actual count, and not
by estimates or samplings. All pupils of limited English proficiency
and special education pupils shall be counted. Special language
assessment instruments, designated by the Superintendent and in
compliance with the requirements of subdivision (j) of Section 56001,
may be used for special education pupils. The results of this census
shall be reported to the department not later than April 30 of each
year. The previous census shall be updated to include new enrollees
and to eliminate pupils who are no longer pupils of limited English
proficiency and pupils who no longer attend school in the district,
and shall be reported pursuant to Section 52192.
52192. The Superintendent, with the approval of the state board,
shall prescribe census-taking methods, applicable to all school
districts in the state, which shall include, but need not be limited
to, the following:
(a) A determination of the primary language of each pupil enrolled
in the school district. The primary language of new pupils shall be
determined as they enroll. Once determined, the primary language need
not be redetermined unless the parent or guardian claims there is an
error. Home language determinations are required only once, unless
the results are disputed by a parent or guardian.
(b) An assessment of the language skills of all pupils whose
primary language is English. The speaking, reading, writing, and
comprehension of the English language structure shall be assessed,
except that reading and writing skills need not be assessed for
pupils in kindergarten and grades 1 and 2. For those pupils who, on
the basis of oral language proficiency alone, are clearly limited
English proficient, assessment of reading and writing skills shall be
necessary only to the extent required by subdivision (c). This
assessment, which shall be made as pupils enroll in the district,
shall determine the level of proficiency for each pupil.
(c) (1) A diagnostic assessment in English measuring speaking,
comprehension, reading, and writing shall be administered for
instructional use at the district level. This diagnostic assessment
shall be updated as necessary to provide the needs of each pupil of
limited English proficiency.
(2) The diagnostic assessment process shall be completed within
90 days after the date of the pupil's initial enrollment and shall be
performed in accordance with rules and regulations adopted by the
state board.
(3) The parent or guardian of the pupil shall be notified of the
results of the assessment. The department shall conduct an
equivalency study of all language proficiency tests designated for
the identification of pupils of limited English proficiency to ensure
uniformity of language classifications and to ensure the reliability
and validity of the tests. Tests, materials, and procedures to
determine proficiency shall be selected to meet psychometric
standards and administered so as not to be racially, culturally, or
sexually discriminatory.
(4) The department shall annually evaluate the adequacy of, and
designate, the instruments to be used by school districts, and these
instruments shall be available by March 15 of each year.
(5) The assessments shall be conducted by persons who are
adequately trained and prepared to evaluate cultural and ethnic
factors, and who shall follow procedures formulated by the
Superintendent to determine which pupils are pupils of limited
English proficiency, as defined in Section 52190. A school district
may require that the assessment be conducted by persons who hold a
valid, regular California teaching credential and who meet the other
qualifications specified in this paragraph.
52193. The department shall review the results of the census each
year. If the information provided by a school district appears to be
inaccurate or if parents, teachers, or counselors file a formal
written complaint that the census is inaccurate, the department shall
audit the district's census. If the department concludes that the
census was incorrectly taken, or the results appear to be inaccurate,
the department shall require another census to be taken and the
corrected information to be provided.
52194. Pertinent information from the assessment of language
skills for each pupil whose primary language is English shall be
retained by the school district as long as the pupil is enrolled in
the district. Each school district shall report annually to the
department, and the department shall report to the state board, the
following data:
(a) The number of pupils whose primary language is English.
(b) The number of pupils who are of limited English proficiency.
(c) The number of pupils whose primary language is English and who
are enrolled in classes, including, but not limited to, specialized
learning programs similar to English language mainstream.
(d) The number of pupils who have met the language
reclassification criteria for exit criteria pursuant to Section
52195.
52195. (a) Reclassification criteria shall be established by each
school district in which pupils of limited English proficiency are
enrolled. The criteria shall determine when pupils of limited English
proficiency have developed the language skills necessary to succeed
in regular classroom instruction. The reclassification process, at a
minimum, shall utilize multiple criteria, including, but not limited
to, all of the following:
(1) Teacher evaluation, including a review of the pupil's
curriculum mastery.
(2) Objective assessment of language proficiency and reading and
writing skills.
(3) Parental opinion and consultation.
(4) An empirically established range of performance in basic
skills based on nonminority English-proficient pupils of the same
grade and age, which demonstrates that the pupil is sufficiently
proficient in English to succeed in a regular instructional setting.
(b) The state board shall adopt regulations setting forth
standards for language reclassification criteria to be adopted by
school districts. The state board's regulations, at a minimum, shall
prescribe a reclassification process that utilizes multiple criteria
as required by this section.
(c) In following the state board's regulations, each school
district shall establish criteria for determining when pupils of
limited English proficiency enrolled in programs designed to address
their specific language needs have developed the English language
skills of comprehension, speaking, reading, and writing necessary to
succeed in a regular instructional setting.
52196. (a) (1) The Superintendent shall review existing tests
that assess the English language development of pupils whose primary
language is English. The tests shall include, but not be limited to,
an assessment of achievement of these pupils in English reading,
speaking, and written skills. The Superintendent shall determine
which tests, if any, meet the requirements of subdivisions (b) and
(c). If any existing test or series of tests meet these criteria, the
Superintendent, with approval of the state board, shall report to
the Legislature on its findings and recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meet
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2013-14 school year.
(4) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivision (d).
The state board shall establish the amount of funding to be
apportioned per test administered, based on a review of the cost per
test.
(5) An adjustment to the amount of funding to be apportioned per
test is not valid without the approval of the Director of Finance. A
request for approval of an adjustment to the amount of funding to be
apportioned per test shall be submitted in writing to the Director of
Finance and the chairpersons of the fiscal committees of both houses
of the Legislature with accompanying material justifying the
proposed adjustment. The Director of Finance is authorized to approve
only those adjustments related to activities required by statute.
The Director of Finance shall approve or disapprove the amount within
30 days of receipt of the request and shall notify the chairpersons
of the fiscal committees of both houses of the Legislature of the
decision.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, once an assessment is
developed. The early literacy assessment shall be administered for a
period of three years beginning after the initial administration of
the assessment or until July 1, 2013, whichever occurs first. Six
months after the results of the last administered assessment are
collected, but no later than January 1, 2014, the department shall
report to the Legislature on the administration of the kindergarten
and grade 1 early literacy assessment results, as well as on the
administrative process, in order to determine whether reauthorization
of the early literacy assessment is appropriate.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early literacy
skills. The department shall ensure that the test and procedures for
its administration are age and developmentally appropriate. Age and
developmentally appropriate procedures for administration may
include, but are not limited to, one-on-one administration, a small
group setting, and orally responding or circling a response to a
question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(3) Be capable of administration to pupils with English as a
primary language.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with California common core standards for English
language arts adopted by the state board.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
standard English.
(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
required to retake those portions of the test that measure English
language skills for which he or she has previously tested as advanced
within each appropriate grade span, as determined by the department
in accordance with paragraph (8) of subdivision (c).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to
12, inclusive, shall not be required to retake those portions of the
test that measure English language skills for which he or she has
previously tested as early advanced or advanced.
(3) This subdivision shall not be implemented unless and until the
department receives written documentation from the United States
Department of Education that implementation is permitted by federal
law.
52197. A district board may consider the use of any structured
English language development instructional materials in reading,
writing, speaking, and comprehension if a district documents the lack
of available and appropriate materials, personnel, and training
programs to address, at every grade level, the needs of all
standard-English learners. The department shall maintain a list of
available English language development curriculum materials
consistent with English language development standards and teacher
training programs to ensure that school districts are provided with
as many high-quality standards-aligned instructional material options
as possible, so that educators may have many rigorous options in
choosing the best materials that meet the needs of all pupils,
including English-only pupils, English learners, and pupils with
disabilities, and that ensure that their pupils are able to master
the academic content standards adopted by the state board pursuant to
Section 60605.8. If necessary, an instructional materials waiver can
be requested. The waiver is renewable yearly. Each waiver request
shall be signed by the chairperson of the English language arts
committee of the school district.
52198. The department shall use federal carryover funds received
pursuant to Title I of the federal No Child Left Behind Act of 2001
(20 U.S.C Sec. 6301 et seq.), and any other available state and
federal funds, to implement this chapter.
SEC. 4. 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.
SECTION 1. Section 435 of the Education Code is
amended to read:
435. For purposes of this chapter, the following terms have the
following meanings:
(a) "English learner" or "pupil of limited English proficiency"
means a pupil who was not born in the United States, whose native
language is a language other than English, or who comes from an
environment where a language other than English is dominant, and
whose difficulties in speaking, reading, writing, or understanding
the English language may be sufficient to deny the individual the
ability to meet the state's proficient level of achievement on state
assessments, the ability to successfully achieve in classrooms where
the language of instruction is English, or the opportunity to
participate fully in society.
(b) "Federal No Child Left Behind Act of 2001" means Public Law
107-110 (20 U.S.C. Sec. 6801 et seq.).
(c) "Immigrant pupil" means a pupil who was born in a country
other than the United States and who has attended a kindergarten
class or any of grades 1 to 12, inclusive, in a school in the United
States for three or fewer years.