BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1108|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1108
Author: Padilla (D), et al.
Amended: 7/5/12
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 4/11/12
AYES: Lowenthal, Alquist, Blakeslee, Hancock, Huff, Liu,
Price, Simitian, Vargas
NO VOTE RECORDED: Runner, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 39-0, 5/29/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 78-0, 8/21/12 - See last page for vote
SUBJECT : English learners: reclassification
SOURCE : Author
CONTINUED
SB 1108
Page
2
DIGEST : This bill requires the California Department of
Education (CDE), by January 1, 2014, to review and analyze
the criteria, policies, and practices that school districts
use to reclassify English learners and recommend to the
Legislature and state board any guideline, regulatory, or
statutory changes that CDE determines are necessary to
identify when English learners are prepared for the
successful transition to classrooms and curricula that
require English proficiency. This bill requires CDE, by
January 1, 2014, to issue a report on its findings,
research, analysis, recommendations, and best practices,
and 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.
Assembly Amendments add a coauthor and requires CDC, by
January 1, 2014, to issue a report on its findings,
research, analysis, recommendations, and best practices.
ANALYSIS : 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 (SBE) until they are
reclassified as fluent English proficient.
Existing law requires the CDE, with the approval of the
SBE, to establish procedures for conducting the CELDT and
for the reclassification of a pupil from English learner to
English proficient. Current law requires the
reclassification procedures developed by the CDE to use
multiple criteria, including, but not limited to, all of
the following:
1.An assessment of language proficiency.
CONTINUED
SB 1108
Page
3
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 student's performance 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.
This bill requires CDE, by January 1, 2014, to review and
analyze the criteria, policies, and practices that school
districts use to reclassify English learners and recommend
to the Legislature and state board any guideline,
regulatory, or statutory changes that CDE determines are
necessary to identify when English learners are prepared
for the successful transition to classrooms and curricula
that require English proficiency. This bill requires CDE,
by January 1, 2014, to issue a report on its findings,
research, analysis, recommendations, and best practices,
and 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.
Background
English learners . The CDE provides the following
information on English learners in California's public
schools:
In the 2010-11 school year, there were
approximately 1.4 million English learners in
California public schools, constituting 23.2 percent
of the total enrollment.
Seventy one percent of English learners are
enrolled in the elementary grades (K-6) with the
remaining 29 percent enrolled in grades 7-12.
CONTINUED
SB 1108
Page
4
Although English learner data are collected for 59
language groups, 94 percent speak one of the top ten
languages in the state, which include Spanish (82.7
percent), Vietnamese, Cantonese, Pilipino (Filipino or
Tagalog), Hmong, Mandarin, Korean, Arabic, Punjabi,
and Russian.
During 20010-2011 the CDE administered CELDT to
1.57 million students, 1.25 million of whom were
tested under the annual assessment window.
Since 2008-09, approximately 11% of English
learners have annually been reclassified as English
proficient.
Current guidelines . As required under current law, the
State Board of Education has issued guidelines for
districts' use in determining reclassification. Below is a
summary of these guidelines as outlined in the 2011-12
CELDT Information Guide prepared by CDE:
CELDT . It is recommended that the CELDT be used as
the primary criterion and that reclassification be
considered for students whose overall performance is
Early Advanced or higher and for whom performance in
listening, speaking, reading and writing is
intermediate or higher. According to this guideline,
generally, a score of level 4 or 5 in each of the four
domains of the CELDT signals a student's English
skills are sufficient to be considered for
reclassification.
Teacher Evaluation. It is recommended that the
students' academic performance be used. The guideline
notes that incurred deficits in motivation and
academic success unrelated to English language
proficiency do not preclude a student from
reclassification.
Parental Opinion/Consultation. Districts are
advised to provide notice to parents or guardians of
their rights and encourage them to participate in the
reclassification process. Districts are also advised
to provide an opportunity for a face-to-face meeting
CONTINUED
SB 1108
Page
5
with parents or guardians.
Comparison of Performance in Basic Skills . It is
recommended that a student's score on the test of
basic skills in the range from the beginning of the
Basic level up to the midpoint of the Basic level
suggests that the student may be sufficiently prepare
to participate effectively in the curriculum and
should be considered for reclassification (basic is
the middle performance level out of five levels).
Related studies . In 2005, the State Auditor issued a
report, Department of Education: School Districts'
Inconsistent Identification and Redesignation of English
Learners Cause Funding Variances and Make Comparisons of
Performance Outcomes Difficult . Among its findings were the
following:
Differences in school districts' identification and
redesignation criteria cause funding variances and a
lack of comparability in performance results.
Sixty-two percent of 180 English learners reviewed,
who were candidates for redesignation but had not been
redesignated, met school districts' criteria for
fluent status but were still counted as English
learners.
School district and CDE monitoring of schools'
adherence to the redesignation process is inadequate.
Among other things, the State Auditor recommended that the
CDE, in consultation with stakeholders, establish required
initial designation and redesignation criteria related to
statewide tests that would provide greater consistency in
the English learner population across the State. In
addition, it was recommended that CDE pursue legislative
action, as necessary, to achieve this goal and require
school districts to document redesignation decisions,
including decisions against redesignating students who are
candidates for fluent status.
In 2006, the LAO published its report, The Progress of
English Learner Students which, among other things, noted
CONTINUED
SB 1108
Page
6
that:
There are no available data to determine the effect
of the state board's guidelines on reclassification
standards statewide.
The State Auditor's audit of 2005 indicates that
districts have adopted reclassification criteria that
meet or exceed the state's suggested criteria.
Title III accountability measures of annual
progress of English learners are difficult to compare
and assess as this measure will vary depending upon
reclassification criteria/practices.
The LAO suggested that one option to address these concerns
could be to develop a statewide reclassification standard,
but noted that lacking a research basis; any statewide
standard would be somewhat arbitrary.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/21/12)
Alliance for a Better Community
Association of California School Administrators
California Association for Bilingual Education
California Communities United Institute
California State Parent Teacher Association
Californians Together
Central Valley Education Coalition
Coachella Valley Unified School District
Education Trust West
Fresno Unified School District
League of United Latin American Citizens
Los Angeles Unified School District
Nury Martinez, Board Member, Los Angeles Unified School
District Board
Youth Policy Institute
ARGUMENTS IN SUPPORT : According to the author, the
current statutory reclassification criteria are vague and
open ended, and have resulted in a reclassification process
CONTINUED
SB 1108
Page
7
that is inconsistent from school to school and district to
district. According to the author, creating consistency in
the State's system of reclassification is a key step in
improving educational outcomes. This bill proposes that
the CDE recommend best practices with regards to
reclassification to the State Board based upon information
provided by school districts, county offices, and charter
schools.
ASSEMBLY FLOOR : 78-0, 8/21/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Roger Hern�ndez, Valadao
PQ:n 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED