BILL NUMBER: AB 1988 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Davis
FEBRUARY 23, 2012
An act to 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"
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" "standard English learners "
as pupils who speak English as their primary language,
have limited proficiency in standard English, of
limited English proficiency whose primary language is English
and who 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 standard English proficiency of these
pupils and a diagnostic an assessment
of their English 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 length of
instructional time for mainstream English language development
. The requirements regarding the census, assessments, and
reclassification criteria length of instructional time
for mainstream English language development would impose a
state-mandated local program on school districts.
The bill would require the Superintendent of Public Instruction to
review all existing assessment tests of
English language development tests that
assess the academic English language development of pupils 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 whose primary or home language is English and
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 academic English.
The bill would authorize the governing board of a school district
to consider the use of any standards-based, culturally and
linguistically responsive structured English language
development instructional materials in reading, writing, speaking,
and comprehension listening 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.
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. 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 that
accelerate learning for standard English learners while increasing
academic achievement for all pupils .
(b) Provide a high-quality English language diagnostic
development assessment for standard English
learners 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 academic
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 skills in the following domains of
English language development: listening, speaking, reading, and
writing skills .
(d) Provide for an annual standard English language
development assessment to be given to pupils who are
classified as English only but 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 standard English language development assessment
will be used, along with other information, to help monitor each
pupil's progress toward language 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
cultural and linguistic challenges of every school district,
school, and pupil.
(f) Provide schools with large achievement gaps
the ability to adopt research-based , culturally responsive
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 direct instruction or
explicit support to address the academic deficits
challenges that often emerge as a result of their
home language barriers differences
.
(b) The Legislature recognizes that for English language arts
there may be a shortage of structured mainstream English
language development textbooks, curriculum, and culturally
responsive teacher training programs to meet the academic
needs of standard English learners .
(c) The Legislature recognizes that educators need specific
training to build more capacity to collaborate and
adjust instruction to meet the needs of pupils
standard English learners .
(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 provide curriculum
flexibility to school districts .
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 , speaking, and listening .
(b) "Content standards" or "California common core
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 "Standard English language
development 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
principal 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 or home 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 "Standard English learners"
means pupils of limited English proficiency whose primary
language is English but reflects a unique cultural and linguistic
history. Though their native historical language is not English and
they are classified as English only, these pupils enter school with
limited academic or standard English proficiency. They
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 Their
challenge in speaking, reading, writing, or comprehending
the understanding standard English language
structure may deny these individuals the ability to meet California's
proficient level of achievement on annual primary language
proficiency assessments content standards tests
. The determination of which pupils are pupils of limited
academic 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 standard English proficiency, whose primary
language is English, 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"
proficiency, " and shall consist of a
determination of the standard English proficiency of each pupil
enrolled in the school district and a diagnostic
an 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 standard
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
who are standard English learners . 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 An initial assessment or
determination of the primary or home language of each
pupil enrolled in the school district. The primary or home
language of new pupils shall be determined as they enroll. Once
determined, the primary or home 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 annual assessment of the language
skills level of academic English language development
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 academic English
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)
(c) (1) The diagnostic
initial 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)
(2) 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)
(3) 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)
(4) 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
standard 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 initial
assessment of primary or home language skills
and annual assessment of the level of academic English
development 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 or home 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 The
length of instructional time for mainstream English language
development 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
mainstream English language development to be adopted by
school districts. The state board's regulations, at a minimum, shall
prescribe a reclassification an assessment
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
academic English language skills of comprehension
listening , speaking, reading, and writing
necessary to succeed in a regular instructional setting.
52196. (a) (1) The Superintendent shall review all
existing tests that assess the academic English language
development of pupils whose primary language is English
. The tests shall include, but not be limited to, an
assessment of achievement the English
language proficiency of these pupils in English
reading, writing, speaking, and written
skills listening . 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 language
development 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 language development
assessment results, as well as on the administrative process, in
order to determine whether reauthorization of the early
literacy assessment is the appropriate
length of instructional time for mainstream English language
development .
(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 language development 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 English 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 Be deemed nonbiased and
adequately reliable and valid by culturally responsive experts and
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 whose primary or home language is
English and who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3)
(2) To assess the progress of
limited-English-proficient pupils standard English
learners in acquiring the skills of listening, reading,
speaking, and writing in standard academic
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
standards-based, culturally and linguistically responsive
structured English language development instructional materials in
reading, writing, speaking, and comprehension
listening 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 standard English learners ,
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.