BILL NUMBER: SB 873	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012

INTRODUCED BY   Senator Padilla

                        FEBRUARY 18, 2011

   An act to amend Section  5096 of the Revenue and Taxation
  313 of the Education  Code, relating to 
taxation   English learners  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 873, as amended, Padilla.  Property taxation: refunds.
  English learners: reclassification.  
   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 State Department of Education, 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. Existing law requires the
reclassification procedures developed by the department to use
multiple criteria, including, but not limited to, 4 specified
criteria, in determining whether to reclassify a pupil as proficient
in English.  
   This bill would limit the use of multiple criteria by requiring
the use of only the 4 specified criteria.  
   Existing law requires property taxes to be refunded if, among
other circumstances, the taxes were paid more than once, the taxes
were illegally assessed or levied, or the taxes were paid on an
assessment that was in excess of the value of the property, as
specified.  
   This bill would make a technical, nonsubstantive change to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
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 and, to the extent required by federal law, each
county office of education and each charter school shall assess the
English language development of each pupil in order to determine the
level of proficiency for purposes of this chapter.
   (b) The department, with the approval of the 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 English proficient.
   (c) Commencing with the 2000-01 school year until subdivision (d)
is implemented, the assessment shall be conducted upon initial
enrollment, and annually, thereafter, during a period of time
determined by the Superintendent and the state board. The annual
assessments shall continue until the pupil is redesignated as English
proficient. The assessment shall primarily utilize the English
language development test identified or developed by the
Superintendent pursuant to Chapter 7 (commencing with Section 60810)
of Part 33 of Division 4 of Title 2.
   (d) (1) This subdivision shall not be implemented unless and until
the department receives written documentation from the United States
Department of Education that federal law permits the implementation
of the changes set forth in this subdivision or until the 2013-14
school year, whichever occurs later.
   (2) The assessment shall be conducted annually during a period
that commences on the day upon which 55 percent of the instructional
year is completed through July 1 of that calendar year. Annual
assessments shall continue until the pupil is redesignated as English
proficient. The annual assessment shall primarily utilize the
English language development test identified or developed by the
Superintendent pursuant to Chapter 7 (commencing with Section 60810)
of Part 33 of Division 4 of Title 2.
   (3) The assessment shall be conducted upon the initial enrollment
of a pupil in order to provide information to be used to determine if
the pupil is an English learner.
   (A) If the initial enrollment of a pupil occurs on a date outside
of the testing period identified pursuant to paragraph (1), the prior
year's annual assessment for the grade in which the pupil is
enrolling shall be used for this purpose.
   (B) If the initial enrollment of a pupil occurs on a date within
the testing period identified pursuant to paragraph (1), the initial
assessment of the pupil shall be conducted as part of the annual
assessment conducted pursuant to paragraph (1).
   (4) Notwithstanding paragraph (1), a school district shall assess
the English language development of a pupil pursuant to this section
no more than one time per school year.
   (e) The assessments conducted pursuant to subdivision (d) shall be
conducted in a manner consistent with federal statutes and
regulations.
   (f) The reclassification procedures developed by the department
shall utilize  multiple   the following 
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 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.

   (g) This section does not preclude a school district or county
office of education from testing English learners more than once in a
school year if the school district or county office of education
chooses to do so. 
  SECTION 1.    Section 5096 of the Revenue and
Taxation Code is amended to read:
   5096.  Taxes paid before or after delinquency shall be refunded if
they were:
   (a) Paid more than once.
   (b) Erroneously or illegally collected.
   (c) Illegally assessed or levied.
   (d) Paid on an assessment in excess of the ratio of assessed value
to the full value of the property as provided in Section 401 by
reason of the assessor's clerical error or excessive or improper
assessments attributable to erroneous property information supplied
by the assessee.
   (e) Paid on an assessment of improvements when the improvements
did not exist on the lien date.
   (f) Paid on an assessment in excess of the equalized value of the
property as determined pursuant to Section 1613 by the county board
of equalization.
   (g) Paid on an assessment in excess of the value of the property
as determined by the assessor pursuant to Section 469.