BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                             Alan Lowenthal, Chair
                           2011-2012 Regular Session
                                        

          BILL NO:       SB 754
          AUTHOR:        Padilla
          AMENDED:       April 6, 2011
          FISCAL COMM:   No             HEARING DATE:  April 13, 2011
          URGENCY:       No             CONSULTANT:    Kathleen 
          Chavira

           SUBJECT  :  California English Language Development Test 
          (CELDT)
          
           SUMMARY  

          This bill prohibits a student in grades 3-12 from being 
          required to retake portions of the California English 
          Language Development Test (CELDT) for which the student has 
          previously tested Early Advanced or Advanced, effective 
          when the current test publisher's contract expires and to 
          the extent permitted by federal law.

           BACKGROUND  

          Both federal and State law require that each school 
          district with English language learners annually assess 
          these students' English language development until they are 
          redesignated as English proficient.  The assessment, the 
          California English Language Development Test (CELDT), must 
          be administered to all students whose primary language is 
          not English within 30 calendar days after they are enrolled 
          in a California public school for the first time, and 
          annually thereafter during a period of time determined by 
          the Superintendent of Public Instruction and the State 
          Board of Education until they are reclassified as fluent 
          English proficient.  Districts are required to inform 
          parents of test results within 30 calendar days of 
          receiving student results from the testing contractor, or 
          within two weeks of the child being enrolled in a language 
          instruction program after the beginning of the school year. 
          (Education Code � 313)

          The CELDT serves three purposes.  It 1) identifies pupils 
          as limited English proficient, 2) determines the level of 




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          English language proficiency of these students, and 3) 
          annually assesses the progress of these students in 
          acquiring the skills of listening, speaking, reading, and 
          writing in English. Among other things, current law 
          requires that the test be aligned with the English Language 
          Development Standards and be age and developmentally 
          appropriate for students. (Education Code � 60810)

           ANALYSIS
           
           This bill  :

          1)   Prohibits a student in grades 3-12 from being required 
               to retake portions of the California English Language 
               Development Test (CELDT) for which he/she has tested 
               Early Advanced or Advanced, to the extent permitted by 
               federal law.
          2)   Specifies that the prohibition applies within the 
               appropriate grade spans determined by the department, 
               in accordance with current law requirements that the 
               test be age and developmentally appropriate for 
               students.

          3)   Delays the effective date of these provisions until 
               such time as the current test publisher's contract 
               expires. 

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, "Passing 
               the CELDT is a critical first step for 
               reclassification as fluent English proficient. 
               Reclassification is vital for career and college 
               readiness. Currently, an English Learner (EL) who 
               fails any section of the CELDT is required to retake 
               the entire exam, including sections the student has 
               previously passed. Clearly, California has an interest 
               in eliminating unnecessary barriers in the 
               reclassification process. Requiring students to retake 
               sections of the CELDT which they previously passed is 
               detrimental to reclassifying students."  In addition, 
               the author contends that the bill will produce cost 
               savings because it will no longer require unnecessary 
               testing.

           2)   Further clarification  .  Current law authorizes that 




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               the CELDT be used for early literacy assessment of ELs 
               in kindergarten and grade one (K-1) commencing with 
               the 2009-10 school year. This bill's provisions do not 
               apply to K-2 students.

               In addition, while it is the author's stated intent to 
               facilitate reclassification of students, this bill 
               does not change the reclassification process.  Current 
               law requires the use of multiple criteria to determine 
               whether to reclassify an EL including, but not limited 
               to, the results of a language proficiency assessment 
               (CELDT), teacher evaluation, parental opinion and 
               consultation, and the results of the California 
               Standards Tests. These criteria, and school districts' 
               discretion to determine reclassification, remain 
               unchanged. 

           3)   English learners  . ELs constitute approximately 24 
               percent of the total enrollment in California public 
               schools.  A majority of ELs (68 percent) are enrolled 
               in the elementary grades, kindergarten through grade 
               six, with 31 percent enrolled in the secondary grades, 
               seven through twelve. Although EL data are collected 
               for 55 language groups, 95 percent speak one of the 
               top ten languages in the state, which include Spanish 
               (84.8 percent), Vietnamese, Pilipino (Filipino or 
               Tagalog), Cantonese, Hmong, Korean, Mandarin, Arabic, 
               Punjabi, and Armenian. During 2009-2010 the CDE 
               administered the CELDT to 1.6 million students, 1.3 
               million of whom were tested under the annual 
               assessment window.

           4)   How is the CELDT scored  ? The California English 
               Language Development Test (CELDT), aligned to the 
               English-language development (ELD) standards adopted 
               by the State Board of Education (SBE), assesses the 
               four domains of listening, speaking, reading, and 
               writing in English. Test results are reported by five 
               performance levels: beginning, early intermediate, 
               intermediate, Early Advanced, and Advanced. The 
               overall scale score is calculated by weighting the 
               domain scale scores 25 percent in each domain, for 
               grades 3-12.  The CELDT Criterion for English language 
               proficiency is an overall score of Early Advanced or 
               higher and scores for each domain (listening, 
               speaking, reading, and writing) at Intermediate or 




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               higher.

           5)   Grade spans  ?  This bill establishes a prohibition 
               against retesting students on portions of the CELDT 
               within appropriate "grade spans."  The CELDT 
               blueprints, developed by the California Department of 
               Education, outline the specific English Language 
               Development (ELD) standards tested and the number of 
               questions included within each domain on the CELDT for 
               each grade from kindergarten through grade twelve.  
               These blueprints are grouped by the following grade 
               spans, K-1, grade 2, grades 3-5, grades 6-8, grades 
               9-12. Under the bill's provisions, an EL who has 
               previously passed any of the domains of the CELDT, yet 
               has not met the overall score necessary to be 
               considered English language proficient, would be 
               prohibited from being retested on those domains until 
               reaching the next grade span.

           6)   Federal law requirements  .  Concerns have been raised 
               that federal accountability requirements do not allow 
               the "banking" of scores and that the prohibitions 
               proposed by this bill would jeopardize the state's 
               access to Title III funding.   It is unclear whether 
               federal regulations offer any flexibility in this 
               regard.  Staff notes that this bill was recently 
               amended to clarify that its provisions are effective 
               only to the extent permitted by federal law. 

           7)   Continually improving the CELDT.   In 2006, test 
               developers conducted a study for the CDE evaluating 
               linkage and alignment of the English Language 
               Development Standards and assessments. Among other 
               things, it found that:
                
                        ELD standards were generally of lower 
                    complexity than content standards as ELD 
                    standards usually represented linguistic skills 
                    while content standards represented more academic 
                    language functions.  

                        Development of California English Language 
                    Development Test (CELDT) items that reflect more 
                    academic language functions and higher levels of 
                    complexity would improve overall alignment of the 
                    system, and increased emphasis on academic 




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                    language functions was necessary to bring 
                    English-language development (ELD) standards and 
                    CELDT into better compliance with federal 
                    requirements.

                        The CELDT was somewhat aligned to ELD 
                    standards, but items in listening and writing 
                    showed weaker alignment than speaking and 
                    reading.

                        State content standards reflect more 
                    academic language functions and higher complexity 
                    when compared to the ELD standards and the CELDT.

                        Misalignment on complexity affects the 
                    interpretation of the CELDT as a measure of 
                    proficiency for purposes of reclassification or 
                    initial identification as fluent. Students 
                    prematurely classified may not get the support 
                    needed to succeed in school and beyond.

                        While development of test items that reflect 
                    more academic language functions/higher level 
                    complexity improve overall alignment, classroom 
                    and formative assessments may still be more 
                    suitable for assessing academic language 
                    functions.

               As a result of the study, the CELDT cut scores were 
               changed in 2006 and the test was rescaled to allow for 
               the comparison of a student's scale score on each 
               domain across future academic years.  According to the 
               CDE, there is continual development of test items to 
               ensure the validity and reliability of the CELDT at 
               all grade spans. 

           1)   Related federal activity  .  In January 2010, the U.S. 
               Department of Education (USDE) announced that it 
               planned to add the development of English-proficiency 
               tests based on the common-core standards as a priority 
               to an existing competitive grant program, the Enhanced 
               Assessment Instruments Grant program. The plan calls 
               for a minimum of 15 states to join together in each 
               consortium that applies to create an 
               English-proficiency test and requires that members of 
               the consortium agree to a common definition of English 




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               language learners and common criteria for students to 
               be reclassified.  The USDE anticipates the program 
               will be implemented by August 2011.  
          
          SUPPORT  

          Alliance for a Better Community
          Association of California School Administrators
          Latin Business Association
          Public Advocates

           OPPOSITION

           None received.