BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          SB 1109 (Padilla) - English Learner Master Plan.
          
          Amended: April 18, 2012         Policy Vote: Education 7-2
          Urgency: No                     Mandate: No
          Hearing Date: May 14, 2012      Consultant: Jacqueline 
          Wong-Hernandez
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: SB 1109 requires the Superintendent of Public 
          Instruction (SPI) to develop an English Learner Master Plan to 
          expand support services, as specified, by January 1, 2014. It 
          requires the SPI to report on the plan and provide 
          recommendations for statutory, regulatory, and administrative 
          changes needed to the Legislature and the state board of 
          education (SBE) by July 1, 2014.

          Fiscal Impact: 
              Master Plan creation: $200,000 - $300,000 to implement the 
              stakeholder process and develop the specified plan.
              Master Plan implementation: The SPI is required provide 
              recommendations for "statutory, regulatory, or 
              administrative changes necessary to implement the Master 
              Plan" which will create cost pressure to implement the plan.

          Background: Existing law provides for local English learner 
          plans in order to secure certain funding, but does not provide 
          for a state-wide plan. 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 (LEA) desiring a 
          grant from Title III funds to submit a plan for English learners 
          to the California Department of Education (CDE) outlining 
          programs, activities, 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. 

          Current law also requires the establishment of a District-Level 
          English Learner Advisory Committee (DELAC) on bilingual 








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          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. 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)

          Proposed Law: This bill requires the SPI to develop the English 
          Learner Master Plan to expand the support services provided by 
          the department in assisting LEAs to establish, implement, and 
          sustain language instruction educational programs and programs 
          of English language development for English learner pupils. In 
          developing the Master Plan, the SPI is required to consult with 
          experts in the field of English learner education, teachers of 
          English learner pupils, school and school district 
          administrators with expertise in curriculum, instruction, 
          assessment, and accountability, parents of English learner 
          pupils, and local governing board members, and to consider 
          specified information and priorities. 

          This bill requires the English Learner Master Plan to include, 
          at a minimum, all of the following: (a) The efficient use of 
          federal funding; (b) consistent, reliable, and valid methods for 
          identifying, classifying, and reclassifying English learners;(c) 
          best practices in instruction, as specified; (d) programs that 
          facilitate an effective transition to common core academic 
          content standards; (e) programs that address the needs of 
          long-term English learners; (f) preparation for college and 
          career readiness; (g) professional development programs for 
          school employees, as specified;  and, (h) an effective means of 
          informing parents or legal guardians of English learners about 
          becoming involved and assisting their children to meet state 
          academic and achievement standards.

          The SPI is required to report on the Master Plan to the 
          Legislature and the SBE and provide recommendations for 
          statutory, regulatory, or administrative changes necessary to 








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          implement the Master Plan.

          Related Legislation: SB 1108 (Padilla) requires LEAs to report 
          the criteria they use to determine whether or not to reclassify 
          an English learner student the CDE, by July 1, 2013. It requires 
          the CDE, to review and analyze the reported information, as 
          specified, and report to the Legislature its findings, as well 
          as recommendations for guideline, regulation, and statutory 
          changes related to reclassifying English learners. That bill 
          will also be heard in this Committee on May 14, 2012.

          Staff Comments: Developing an English Learner Master Plan that 
          meets all of the requirements outlined in the bill, and that is 
          created in consultation with the stakeholders identified in the 
          bill, is expected to drive one-time CDE costs of approximately 
          $200,000-$300,000 to fund additional staff to support the 
          development of the Master Plan envisioned in this bill. The CDE 
          has indicated that it is working on developing an English 
          Learner Master Plan, but this bill expands the scope of the 
          plan, specifies new priorities for the plan, and requires 
          certain stakeholders to be involved. 

          In addition to direct costs for creating the Master Plan, this 
          bill creates cost pressure to expand services; the stated 
          intention of this bill is to expand services provided to English 
          learners. The largest costs of this bill are likely to be the 
          potential future cost of implementing the Master Plan's 
          recommendations. To the extent that a plan is created which 
          calls for additional services for the state's 1.5 million 
          English learner pupils, the plan will create substantial cost 
          pressure to fund new services in a time when K-12 education 
          continues to be cut.