BILL NUMBER: AB 2193 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JULY 6, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
AMENDED IN ASSEMBLY MARCH 20, 2012
INTRODUCED BY Assembly Member Lara
FEBRUARY 23, 2012
An act to amend Section 52059 of, and to add Sections 313.1,
313.2, and 313.3 to, the Education Code, relating to English
learners.
LEGISLATIVE COUNSEL'S DIGEST
AB 2193, as amended, Lara. Long-term English learners.
(1) Existing law requires the State Department of Education to
establish a statewide system of school support for school districts,
county offices of education, and schools in need of improvement and
requires the system to consist of regional consortia, school district
assistance and intervention teams, and other technical assistance
providers. Existing law requires this system to provide
assistance on the design and operation of the instructional program.
Existing law requires standards and criteria developed by the
Superintendent of Public Instruction for use in providing assistance
to include the alignment of curriculum, instruction, and assessments
to state standards.
This bill would require the support and technical
assistance provided on the design and operation of the
instructional program to target by the regional
consortia to address the needs of pupils not meeting
the federal academic targets, including English learners,
long-term English learners, and those at risk of becoming long-term
English learners. The bill would require that the alignment
of curriculum, instruction, and assessments to state standards to
target pupils not meeting the federal academic targets, including
English learners, long-term English learners, and those at risk of
becoming long-term English learners. By requiring the
regional consortia to provide support in a manner that addresses the
needs of these pupils, this bill would impose a state-mandated local
program.
The bill would define "long-term English learner" and "English
learner at-risk of becoming a long-term English learner."
(2) Existing federal law requires local educational agencies to
inform the parents of limited-English-proficient pupils of certain
information regarding the language instruction of their children.
This bill would add to the information required by the federal law
by requiring a school district, charter school, and county office of
education to notify a parent or guardian of an English learner of
whether their child is, or is at-risk of becoming, a long-term
English learner. By requiring a school district, charter school, and
county office of education to include this additional information in
the notice provided to parents, the bill would impose a
state-mandated local program.
(3) 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
the department, 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 a school district, charter
school, and county office of education the department
to annually ascertain and report to the department
post on its Internet Web site the number of
pupils in the local educational agency each
school district and school, as specified, who are, or are at
risk of becoming, long-term English learners. By requiring a
school district, charter school, and county office of education to
collect and report this data, this bill would impose a state-mandated
local program.
(4) 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 313.1 is added to the Education Code, to read:
313.1. For purposes of this article, the following terms have the
following meanings:
(a) "Long-term English learner" means an English learner who is
enrolled in any of grades 6 to 12, inclusive, has been
continuously or cumulatively enrolled in schools in the
United States for more than six years, has remained at the same
English language proficiency level for two or more consecutive years
as determined by an the English
proficiency examination language development
test identified or developed pursuant to Section 60810, or any
successor test , and scores far below basic or below basic on
the English language arts standards-based academic
achievement test administered pursuant to Section 60640, or any
successor test .
(b) "English learner at risk of becoming a long-term English
learner" means an English learner who is enrolled in any of grades 5
to 11, inclusive, has been continuously or cumulatively enrolled in
schools in the United States for four years, scores at the
intermediate level or below on the English language development test
identified or developed pursuant to Section 60810, or any
successor test, and scores in the fourth year of continuous or
cumulative enrollment at the below basic or far below basic level on
the English language arts standards-based achievement test
administered pursuant to Section 60640 , or any successor test
.
SEC. 2. Section 313.2 is added to the Education Code, to read:
313.2. The notice to parents required pursuant to Section 7012 of
Title 20 of the United States Code shall include whether their child
is a long-term English learner or at risk of becoming a long-term
English learner.
SEC. 3. Section 313.3 is added to the Education Code, to read:
313.3. (a) A school district, charter school, or county
office of education The department shall
annually ascertain the number of pupils in the local
educational agency each school district and school,
including a school that is within the jurisdiction of a county office
of education and a charter school, who are, or are at risk of
becoming, long-term English learners, as those terms are defined in
Section 313.1.
(b) A school district, charter school, or county office of
education shall annually report to the department the number of
pupils ascertained pursuant to subdivision (a).
(b) The department shall annually post the information described
in subdivision (a), listed by school and school district, on its
Internet Web site.
SEC. 4. Section 52059 of the Education Code is amended to read:
52059. (a) For purposes of complying with the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), a statewide
system of school support shall be established by the department to
provide a statewide system of intensive and sustained support and
technical assistance for school districts, county offices of
education, and schools in need of improvement. The system shall
consist of regional consortia, district assistance and intervention
teams, and other technical assistance providers.
(b) The regional consortia shall work collaboratively with, and
provide technical assistance to, school districts and schools in need
of improvement by doing the following:
(1) Reviewing and analyzing all facets of the operation of a local
educational agency or school, including the following:
(A) The design and operation of the instructional program offered
by the local educational agency or school targeting pupils
not meeting the federal academic targets, including English learners,
long-term English learners, and those at risk of becoming long-term
English learners .
(B) The recruitment, hiring, and retention of principals,
teachers, and other staff, including vacancy issues. The regional
consortia may request the assistance of the Fiscal Crisis and
Management Assistance Team to review school district or school
recruitment, hiring, and retention practices.
(C) The roles and responsibilities of district and school
management personnel.
(2) Assisting the local educational agency or school in developing
recommendations for improving pupil performance and school
operations targeting pupils not meeting the federal academic
targets, including English learners, long-term English learners, and
those at risk of becoming long-term English learners .
(3) Assisting the local educational agency or school in efforts to
eliminate misassignments of certificated personnel.
(c) The support and technical assistance provided by the regional
consortia pursuant to subdivision (b) shall address the needs of
pupils not meeting federal academic targets, including English
learners, long-term English learners, and those at risk of becoming
long-term English learners.
(c)
(d) For purposes of performing the functions specified
in subdivision (b), funds for the regional consortia shall be
distributed based on the number of Title I schools, the pupil
enrollment in those schools, and the number of school districts in
each region that are identified as being in need of improvement
pursuant to Section 6316(b) of Title 20 of the United States Code.
(d)
(e) The regional consortia shall ensure that support is
provided in the following order of priority:
(1) To school districts or county offices of education with
schools that are subject to corrective action under Section 6316(b)
(7) of Title 20 of the United States Code.
(2) To school districts or county offices of education with
schools that are identified as being in need of improvement pursuant
to Section 6316(b) of Title 20 of the United States Code.
(3) To provide support and assistance to school districts and
county offices of education with schools participating under the
federal No Child Left Behind Act of 2001 that need support and
assistance to achieve the purposes of that act.
(4) To provide support and assistance to other school districts
and county offices of education with schools participating in a
program carried out under this chapter.
(e)
(f) In accordance with paragraph (4) of subdivision (d)
of Section 52055.57, the Superintendent may recommend, and the state
board may approve, that a local educational agency that is
identified for corrective action under the federal No Child Left
Behind Act of 2001 contract with a district assistance and
intervention team or other technical assistance provider to receive
technical assistance, including, but not limited to, a needs
assessment of the local educational agency.
(1) The Superintendent shall develop, and the state board shall
approve, standards and criteria to be applied by a district
assistance and intervention team or other technical assistance
provider in carrying out its duties. The standards and criteria that
a district assistance and intervention team or other technical
assistance provider shall use in assessing a local educational agency
shall address, at a minimum, all of the following areas:
(A) Governance.
(B) Alignment of curriculum, instruction, and assessments to state
standards targeting pupils not meeting the federal academic
targets, including English learners, long-term English learners, and
those at risk of becoming long-term English learners .
(C) Fiscal operations.
(D) Parent and community involvement.
(E) Human resources.
(F) Data systems and achievement monitoring.
(G) Professional development.
(2) Not later than 120 days after the assignment of a district
assistance and intervention team or other technical assistance
provider, or the next regularly scheduled meeting of the state board
following the expiration of the 120 days, the team shall complete a
report based on the findings from the needs assessment performed
pursuant to paragraph (1). The report shall include, at a minimum,
recommendations for improving the areas specified in paragraph (1)
that are found to need improvement. The report also shall address the
manner in which existing resources should be redirected to ensure
that the recommendations can be implemented.
(3) Not later than 30 days after completion of the report
specified in paragraph (2), the governing board of the local
educational agency may submit an appeal to the Superintendent to be
exempted from implementing one or more of the recommendations made in
the report. The Superintendent, with approval of the state board,
may exempt the local educational agency from complying with one or
more of the recommendations made in the report.
(4) Not later than 60 days after completion of the report, the
governing board of the local educational agency at a regularly
scheduled meeting shall adopt the report recommendations described in
paragraph (2), as modified by any exemptions granted by the
Superintendent under paragraph (3).
(f)
(g) A local educational agency that is required to
contract with a district assistance and intervention team or other
technical assistance provider pursuant to this section shall reserve
funding provided under subdivision (d) of Section 52055.57 to cover
the entire cost of the team or other technical assistance provider
before using that funding for other reform activities.
(g)
(h) Upon an evidence-based finding that a district
assistance and intervention team or other technical assistance
provider has not fulfilled its legal obligations pursuant to this
section, the Superintendent, with the approval of the state board,
may remove the district assistance and intervention team or other
technical assistance provider from the state list of eligible
providers.
(h)
(i) The provisions of this section are declarative of
technical assistance requirements under the federal No Child Left
Behind Act of 2001 outlined in Section 6316(b) and (c) and Section
6317(a) of Title 20 of the United States Code.
(i)
(j) For purposes of this article, all references to
schools shall include charter schools.
SEC. 5. 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.