BILL NUMBER: SB 753	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 18, 2011

   An act to amend Section 313 of the Education Code, relating to
pupils.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 753, as introduced, Padilla. Pupils: English learners:
assessment.
   Existing law requires each school district that has one or more
pupils who are English learners 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 assessment primarily consists
of the administration of the California English Language Development
Test (CELDT) that assesses pupils in grades 2 to 12, inclusive, in
English listening, speaking, reading, and writing skills, and pupils
in kindergarten and grade 1 in English listening and speaking.
   This bill would require the annual assessment to be conducted
during a 3-month test period commencing with the day upon which 65%
of the instructional year is completed. The bill would require the
State Department of Education to provide the score a pupil achieves
on the CELDT to the parent or guardian of the pupil in English and,
if available, in the language reported on the home language survey.
The bill would require that the score be provided in a format that
utilizes terminology that is easy to understand and includes an
explanation of the purpose of the test, the pupil's score, and the
intended use of that score by the school district.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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 shall assess  each pupil's  
the  English language development  of each pupil  in
order to determine the level of proficiency for the purposes of this
chapter.
   (b) The  State Department of Education  
department  , with the approval of the  State Board of
Education   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  proficient in  English  language
proficient  .
   (c)  Commencing with the 2000-01 school year, the
  The  assessment shall be conducted upon initial
enrollment  ,  and annually  , 
thereafter  ,  during a  period of time
determined by the Superintendent of Public Instruction and the State
Board of Education. The annual   three-month test period
commencing with the day upon which 65 percent of the instructional
year is completed. Annual  assessments shall continue until the
pupil is redesignated as English proficient. The assessment 
shall  primarily  shall  utilize the English
language development test identified or developed by the
Superintendent  of Public Instruction  pursuant to
Chapter 7 (commencing with Section 60810) of Part 33  of Division
4 of Title 2  .  Prior to completion of the English
language development test, a school district shall use either an
assessment instrument developed by the school district or an
assessment recommended by the State Department of Education.
  The department shall provide the score a pupil
achieves on the English language development test to the parent or
guardian of the pupil in English and, if available, in the language
reported on the home language survey. The score shall be provided in
a format that utilizes terminology that is easy to understand and
includes an explanation of the purpose of the test, the pupil's
score, and the intended use of   that score by the school
district. 
   (d) The reclassification procedures developed by the 
State Department of Education   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  pupil's  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.
   (e)  It is the intent of the Legislature that nothing in
this section   This   section does not 
preclude a school district or county office of education from testing
English  language  learners more than once in a
school year if the school district or county office of education
chooses to do so.