BILL ANALYSIS                                                                                                                                                                                                    �






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

          BILL NO:       SB 1109
          AUTHOR:        Padilla
          AMENDED:       March 26, 2012
          FISCAL COMM:   Yes            HEARING DATE:  April 11, 2012
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  English Learner Master Plan.
          
           SUMMARY  

          This bill requires the Superintendent of Public Instruction 
          (SPI) to develop an English Learner Master Plan, to include 
          specified elements, before January 1, 2014, and requires 
          the SPI to report on the status of, and recommendations 
          for, the plan to the Legislature and the State Board of 
          Education. 

           BACKGROUND  

          Current law, the English Learner and Immigrant Pupil 
          Federal Conformity Act,  consistent with the requirements 
          of Title III of the federal No Child Left Behind Act of 
          2001, requires an eligible local educational agency 
          desiring a subgrant under Title III to submit a plan around 
          English learners to the State Department of Education 
          outlining programs, activity, accountability measures, 
          parental engagement and participation, assurances of 
          consultation with specified entities, and a description of 
          how language instruction education programs ensure that 
          English learners served by the programs will develop 
          English proficiency. (Education Code � 443)

          Current law also requires the establishment of a 
          District-Level English Learner Advisory Committee (DELAC) 
          on bilingual education, as specified, for any school 
          district with 51 or more English learners, as a condition 
          of receiving Economic Impact Aid funding.  (EC � 62002.5)

          Among other things, the DELAC is responsible for the 
          development or revision of a district master plan of 
          education programs and services for English learners. 




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          Schools with more than 20 English learners are required to 
          establish a school level advisory committee, as specified, 
          which is responsible for advising the principal and staff 
          on the development of a detailed master plan for bilingual 
          education for the school and submitting the plan to the 
          governing board for consideration for inclusion in the 
          district master plan.  (EC � 52176)





           ANALYSIS
           
           This bill :

          1)   Requires the SPI to:

                    a)             Develop an English Learner Master 
                    Plan before January 1, 2014, to expand support 
                    services provided by the department to assist 
                    local educational agencies in establishing, 
                    implementing, and sustaining, language 
                    instruction and English language development for 
                    English learners.

                    b)             Consider, at a minimum, education 
                    research and processes, practices of local 
                    educational agencies (LEAs) in other states, best 
                    practices of LEAs within California, and the 
                    alignment of the department's resources with the 
                    needs of LEAs and their English learners, in 
                    developing the plan.

                    c)             Report to the Legislature and 
                    State Board of Education on the status of 
                    completing the plan and to provide 
                    recommendations for the plan and sunsets these 
                    reporting requirements on January 1, 2017.

          2)   Requires the English Learner Master Plan to include, 
               but not be limited to, all of the following:

                    a)             The efficient use of federal 
                    funding.





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                    b)             Consistent, reliable, and valid 
                    methods for identifying, classifying and 
                    reclassifying English learners.

                    c)             Best practices in instruction that 
                    support differentiated instruction and English 
                    language development, for specified purposes.

                    d)             Programs that facilitate effective 
                    transition to common core academic content 
                    standards and state-adopted curriculum and 
                    assessments.

                    e)             Programs that address the needs of 
                    long-term English learners, as defined.

                    f)             Preparation for college and career 
                    readiness, as specified.

                    g)             Professional development programs 
                    and continuing education strengthen and improve 
                    training of school employees who work with 
                    English learners.




                    h)             An effective means of informing 
                    parents and legal guardians how to become 
                    involved in, and assist, their children's 
                    education to meet state required academic and 
                    achievement standards.
                     
          STAFF COMMENTS  

           1)   Need for the bill  .  While current law requires the 
               adoption of district master plans for meeting the 
               needs of English learners, there is no such 
               requirement for the California Department of Education 
               (CDE).  According to the author, numerous reports call 
               into question the entire English learner system and 
               how these students are identified, tested, taught, and 
               how and when they achieve English language 
               proficiency. According to the author, California needs 
               a coordinated statewide plan to implement reforms and 
               solutions to the myriad of problems and deficiencies 




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               it faces in educating its English learners. 

           2)   Parallels current department activity  .  According to 
               the CDE, the department is currently in the process of 
               developing the master plan proposed by this bill.  It 
               is the intent of the author to ensure that the 
               Legislature's interests and priorities are reflected 
               in the department's work. 

           3)   English learners  .  The CDE provides the following 
               information on English learners in California's public 
               schools:

               a)        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.

               b)        Seventy one percent of English learners are 
               enrolled in the 
                    elementary grades (K-6) with the remaining 29 
                    percent enrolled in grades 7-12.  

               c)        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.

               d)        During 2010-2011 the CDE administered the 
               California English
                    Language Development Test (CELDT) to 1.57 million 
                    students, 1.25 million of whom were tested under 
                    the annual assessment window. 

               e)        Since 2008-09, approximately 11% of English 
               learners have 
                         annually been reclassified as English 
               proficient. 



           4)   Inclusive process necessary  . While the bill currently 




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               requires that the SPI consider research on the 
               education of English learners and practices at the 
               local level in developing the master plan, the bill 
               does not explicitly require consultation with 
               individuals who have expertise and direct experience 
               working with English learners. 
               
               Staff recommends the bill be amended on page 2, line 
               13, after "shall" to insert "consult with experts in 
               the field of English learners, teachers of English 
               learners, school and district administrators with 
               expertise in curriculum, instruction, assessment and 
               accountability, parents of English learners, and local 
               governing board members, and shall"

           5)   Report and recommend on what and by when  ? This bill 
               requires development of an English Learner Master Plan 
               by January 1, 2014, and then requires a report to the 
               Legislature and State Board of Education on the status 
               of the plan and recommendations for the plan. It 
               appears to be the intent that the completed Master 
               Plan be delivered to the Legislature and the State 
               Board and that the report include CDE recommendations 
               on any statutory, regulatory, or administrative 
               changes necessary for its implementation. Staff 
               recommends the bill be amended to require that the SPI 
               report to the Legislature and SBE by July 1, 2014, and 
               that the CDE report include recommendations for 
               statutory, regulatory, or administrative changes 
               necessary to implement the Masterplan.

           SUPPORT  

          California Association of Latino Superintendents and 
          Administrators (CALSA)
          California Teachers Association (CTA)
          California Teachers of English to Speakers of Other 
          Languages (CATESOL)
          San Francisco Unified School District
          School Board Member for District 6, Los Angeles Unified 
          School District
          Youth Policy Institute

           OPPOSITION

           None received.




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