BILL NUMBER: SB 1108	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  APRIL 19, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Padilla

                        FEBRUARY 17, 2012

   An act to add Section 313.5 to the Education Code, relating to
English learners.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1108, as amended, Padilla. English learners: reclassification.

   (1) Existing 
    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 Superintendent of Public Instruction to
apportion funds appropriated for purposes of assessing the English
language development of pupils whose primary language is a language
other than English to enable school districts to use the California
English language development test to identify pupils who are limited
English proficient, determine the level of English language
proficiency of those pupils, and to assess the progress of those
pupils in acquiring the skills of listening, reading, speaking, and
writing in English. 
   This bill, for the 2013-14 school year, would condition the
receipt of funds appropriated for purposes of assessing the English
language development of pupils whose primary language is a language
other than English on a school district, county office of education,
and charter school reporting, by July 1, 2013, to the department the
criteria the school district, county office of education, or charter
school uses to determine whether or not to reclassify a pupil as
English proficient, thereby imposing a state-mandated local program.
 
    The 
    This  bill would require the department, by January 1,
2014, to review and analyze the criteria, policies, and practices
that  a sampling of school districts that represent the
geographic, socioeconomic, and demographic diversity of  school
districts  in the state  use to reclassify English learners
and recommend to the Legislature and state board any guideline,
regulatory, or statutory changes that the department determines are
necessary to identify when English learners are prepared for the
successful transition to classrooms and curricula that require
English proficiency.
   The bill would require the department, by January 1, 2017, to
issue an updated report that reflects any changes in analysis and
recommendations as a result of the adoption by the state board of the
common core standards and related English language development
standards. 
   (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.  
   The bill would make implementation of these provisions contingent
on an appropriation of federal or state funds or on the availability
of private funding. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

  SECTION 1.  Section 313.5 is added to the Education Code, to read:

   313.5.  (a) As a condition of the receipt of funds apportioned for
the 2013-14 school year to enable school districts, county offices
of education, and charter schools to meet the requirements of
subdivision (d) of Section 60810, a school district, a county office
of education, and a charter school shall report, by July 1, 2013, to
the department the criteria the school district, county office of
education, or charter school uses to determine whether or not to
reclassify a pupil as English proficient.
   (b) 
    313.5.    (a)  By January 1, 2014, the
department shall review and analyze the criteria, policies, and
practices that a sampling of school districts that represent the
geographic, socioeconomic, and demographic diversity of  school
districts  in the state  use to reclassify English learners,
and recommend to the Legislature and state board any guideline,
regulatory, or statutory changes that the department determines are
necessary to identify when English learners are prepared for the
successful transition to classrooms and curricula that require
English proficiency. 
   (c) 
    (b)  For purposes of completing the review and analysis
required pursuant to subdivision (b), the department shall consult
with parents of English learners, experts with demonstrated
experience in developing and administering assessments for English
learners, classroom or resource teachers, or both, and school
district administrators with expertise in curriculum, instruction,
assessment, and accountability. 
   (d) 
    (c)  For purposes of completing the review and analysis
required pursuant to subdivision (b), the department shall examine
and report on the following:
   (1) The practices and standards used by  a sampling of school
districts that represent the geographic, socioeconomic, and
demographic diversity of  school districts  in the state
 to meet the four reclassification criteria specified in
subdivision (f) of Section 313.
   (2) The extent to which school districts are following the
guidelines established by the state board.
   (3) The range of reclassification criteria developed by school
districts. 
   (e) 
    (d)  As part of the examination required pursuant to
subdivision (d), the department shall analyze the following:
   (1) English language proficiency and academic performance data.
   (2) The relationship of the reclassification criteria to
reclassification rates.
   (3) The academic performance of pupils after reclassification as
English proficient. 
   (f) 
    (e)  In its report, the department also shall identify
any other pupil outcome measures that indicate an English learner is
prepared to successfully transition to a classroom and curricula that
require English proficiency. 
   (g) 
    (f)  By January 1, 2017, the department shall issue an
updated report that reflects any changes in analysis and
recommendations as a result of the adoption by the state board of the
common core standards pursuant to Section 60605.8 and the English
language development standards adopted pursuant to Section 60811.3.

   (g) This section shall be implemented only if state or federal
funds are appropriated as necessary to fully fund this purpose or if
private funds are made available as necessary to fully fund this
purpose.  
  SEC. 2.    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.