Amended in Senate July 2, 2014

Amended in Senate June 18, 2014

Amended in Assembly May 23, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2303

Introduced by Assembly Member Bloom

February 21, 2014

An act to amend Section 51461 of, and to add Article 11 (commencing with Section 33460) to Chapter 3 of Part 20 of Division 2 of Title 2 of, the Education Code, relating to biliteracy education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2303, as amended, Bloom. State Recognition Program of Multiple Pathways to Biliteracy and State Seal of Biliteracy.

Existing law requires the Superintendent of Public Instruction to award a State Seal of Biliteracy. Existing law provides that the State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets specified criteria, including, but not limited to, passing the California Standards Test in English language arts administered in grade 11 at the proficient level or above. Existing law also requires a pupil in grades 9 to 12, inclusive, whose primary language is other than English, to meet these same requirements and to also attain the early advanced proficiency level on the English language development test in order to qualify for the State Seal of Biliteracy.

This bill, to qualify for the State Seal of begin delete Biliteracy and if the California Standards Test in English language arts is not approved, would require a graduate to pass a Measurement of Academic Performance and Progress assessment that is aligned to English language arts administered in grade 11 at the proficient level or above. The bill also, to qualify for the State Seal of Biliteracy and if a state-adopted assessment has not been fully implemented, would require a graduate to score at level that demonstrates English language arts proficiency on an assessment selected by the governing board of a school district that is aligned to the English language arts standards adopted by the State Board of Education for grade 11. end delete begin insert Biliteracy, would instead require a graduate to have passed a state-adopted, standards-aligned test in English language arts administered in grade 11 at the proficient level or above, except that for the 2014-15 school year, to have passed the most recently available state-adopted, standards-aligned English language arts test for that graduate at the proficient level or above. end insert

This bill also would establish the State Recognition Program of Multiple Pathways to Biliteracy to be administered annually by the State Department of Education beginning January 1, 2016, to recognize school districts and county offices of education that voluntarily demonstrate excellence in providing and supporting multiple opportunities for pupils to attain high achievement and linguistic biliteracy in grades 1 to 12, inclusive, through biliteracy programs, as specified. The bill would require this program to be implemented only to the extent moneys are available to the department for purposes of the program from any source.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) In 2012, California became the first state in the nation to
award a State Seal of Biliteracy, pursuant to Article 6 (commencing
with Section 51460) of Chapter 3 of Part 28 of Division 4 of Title
2 of the Education Code, to graduating seniors with demonstrated
proficiency in two or more languages.

(2) This groundbreaking step was acknowledgment of the
economic and social value of multilingualism, the realities of a
global century, and of the high level of academic achievement
associated with attainment of literacy in multiple languages.

(3) In the context of the rollout of new common core standards,
the State Seal of Biliteracy also rounded out the very notion of
college and career readiness for this diverse and global 21st century
world.

(4) Ten thousand Seals of Biliteracy were awarded in the first
year for proficiency in 29 languages, including American Sign
Language.

(5) By June 2013, the number had more than doubled with 170
school districts, 19 charter schools, and six county offices of
education providing 21,655 awards to graduating seniors.

(6) Across the nation, other states were inspired to follow
California’s lead. In 2013, New York and Illinois adopted State
Seals of Biliteracy, and three additional states have pending
legislation.

(7) In addition to the establishment of the State Seal of
Biliteracy, other major changes recognizing the benefits of
biliteracy have occurred, including all of the following:

(A) Increased numbers of two-way immersion programs in our
public education system.

(B) Adoption in 2009 of California’s first World Language
Content Standards providing direction for the state’s world
language programs and the acknowledgment for the need for
developing “global competency.”

(C) Inclusion of the recommendation to “ensure English literacy
and biliteracy through a statewide campaign to better prepare
parents and students to support literacy” in the Blueprint for Great
Schools developed by the Transition Advisory Team of the
Superintendent of Public Instruction Tom Torlakson in 2011.

(8) These changes have led to an increased awareness and
acknowledgment of the benefits of multilingual proficiency and
result in the desire for additional opportunities to obtain
multilingual proficiency. However, these efforts are not enough.

(9) It is clear that increasing the number of graduating pupils
with multilingual skills is critical for the economic and societal
needs of our state.

(10) California needs people with biliteracy skills and
cross-cultural competencies to work in and fuel our economy, to
strengthen our social cohesion, and to enrich the quality of life in
our communities.

(11) Pathways toward the global competency and linguistic
skills of pupils need to be established. These pathways can address
a shortfall in needed skills in our communities and economy. It is
a recognition of the vibrancy and value of cultural diversity, and
it helps address the achievement gap for our English learners.

(12) California, the most ethnically and linguistically diverse
state in the nation and the birthplace of the State Seal of Biliteracy,
is the place to break new ground in the creation of comprehensive,
articulated, and powerful pathways to biliteracy.

(13) A powerful first step in establishing these pathways is to
provide state recognition to school districts and county offices of
education that establish and maintain comprehensive, articulated
pathways to biliteracy that include multiple entry points, provide
a continuum of language development in prekindergarten,
kindergarten, and grades 1 to 12, inclusive, and lead to the
attainment of the State Seal of Biliteracy.

(b) Therefore, it is the intent of the Legislature to do both of the
following:

(1) Establish state recognition to school districts and county
offices of education that provide multiple programs moving pupils
through a language learning continuum of study that is well
articulated and comprehensive for the purpose of attaining
biliteracy by its pupils.

(2) Identify multiple pathways to biliteracy that school districts
and county offices of education may utilize in developing their
comprehensive multiple pathways biliteracy programs.

SEC. 2.  

Article 11 (commencing with Section 33460) is added
to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education
Code, to read:

 

Article 11.  State Recognition Program of Multiple Pathways
to Biliteracy

 

33460.  

For purposes of this article, “biliteracy” means the
ability to express oneself with clarity and cogency, to read and
write cogently, and to compute and think critically in two or more
languages. It includes the ability to function in and across language
communities. For English learners, this includes the development
of academic proficiency in the pupil’s primary language as well
as in English.

33461.  

(a) The State Recognition Program of Multiple
Pathways to Biliteracy is hereby established to be administered
annually by the department beginning January 1, 2016, to recognize
school districts and county offices of education demonstrating
excellence in providing and supporting multiple opportunities for
pupils to attain high achievement and linguistic biliteracy in grades
1 to 12, inclusive, through biliteracy programs. On or before
December 31, 2015, the department shall plan and design the
program. Beginning January 1, 2016, and each year thereafter, the
department shall disseminate and review applications for
recognition under the program. Beginning November 1, 2016, and
each year thereafter, the department shall provide recognition,
pursuant to the program, to approved school districts and county
offices of education.

(b) The department shall use appropriate state and federal
moneys to implement this article.

(c) The program established pursuant to this section shall be a
voluntary program. Neither a school district nor a county office
of education shall be required to participate.

33462.  

(a) The department shall recognize the governing board
of a school district or a county office of education under the State
Recognition Program of Multiple Pathways to Biliteracy if the
school district or county office of education meets any of the
following criteria:

(1) Has established and maintained for pupils in grades 9 to 12,
inclusive, for at least two years, a well-articulated State Seal of
Biliteracy program meeting the requirements established in Section
51461 and has established and maintained multiple pathways to
biliteracy pursuant to Section 33463.

(2) Has established and maintained for pupils in prekindergarten,
kindergarten, and grades 1 through 8, inclusive, a system of
benchmarking progress and recognition of pupil participation and
progress along a continuum toward high-level proficiency in two
or more languages. This may include the creation of pathway
awards aligned to milestones and critical developmental points
along the pathway towards biliteracy, culminating in the awarding
of the State Seal of Biliteracy at graduation from high school.
Critical development points include, but are not limited to, the
completion of preschool, third grade, elementary school, and
middle school.

(3) Has met the criteria of paragraphs (1) and (2) for pupils in
prekindergarten, kindergarten, and grades 1 to 12, inclusive.

(b) In addition to the requirements of subdivision (a), a school
district or county office of education also shall meet all of the
following criteria:

(1) Has a well-articulated plan for pupils in prekindergarten,
kindergarten, and grades 1 to 12, inclusive, that describes the
language programs that comprise a coherent set of language
development opportunities. The plan shall include consideration
of all of the following:

(A) Integration of English learner services with world language
programs.

(B) The amount of time allotted to language study, sequencing,
and articulation.

(C) Inclusion of multiple entry points into language learning.

(D) Equitable access to language learning.

(E) Inclusion of a developmental window from 4 to 8 years of
age, inclusive, for language learning in which pupils are able to
develop native-like proficiency in multiple languages.

(F) Consideration of language priorities where the governing
board of a school district or a county office of education has to
carefully consider a balance between a desire to offer multiple
languages and the realities of investment and space within school
schedules to accommodate the sequence of courses involved in
building to high levels of proficiency.

(2) Has supported quality implementation, including qualified
language teachers; a retention, recruitment, and professional
development system that results in identifying and hiring teachers
with needed skills; collaboration and planning time for teachers
to align and articulate the language curriculum across grade levels
and schools; and provided teachers with professional development
support to effectively implement research-based language strategies
and methodologies.

(3) Has created a districtwide, communitywide, countywide,
and school culture that celebrates language and cultural diversity
in the pursuit of biliteracy as a needed 21st century skill.

(4) Does not have any outstanding English learner compliance
findings from the most recent federal and state program monitoring.

33463.  

For purposes of demonstrating whether a school district
or a county office of education qualifies for the State Recognition
Program of Multiple Pathways to Biliteracy, the governing board
of a school district or a county office of education may implement
any comprehensive program for the study of world languages that
includes, but is not limited to, any of the following:

(a) “FLEX” (Foreign Language experience, exposure,
enrichment, or exploratory) may be implemented for a regular
schoolday or an extended schoolday for prekindergarten,
kindergarten, and grades 1 to 8, inclusive, and includes all of the
following:

(1) Has classes that meet only once or twice a week.

(2) Has classes that are introductory and provide exposure.

(3) May be delivered during school or after school.

(4) Introduces pupils to one or more languages and cultures
other than their own in order to motivate them to pursue further
language study.

(5) Has varied objectives depending on the specific program,
length of instruction, and type of instruction.

(b) “FLES” (Foreign Language in Elementary Schools) may be
implemented as a period within a schoolday or an extended
schoolday for kindergarten and grades 1 to 6, inclusive, and
includes all of the following:

(1) Are less intensive than immersion.

(2) Teaches the target language for designated periods of time,
but varies a great deal in the amount of time devoted to foreign
language learning.

(3) Follows the natural sequence of language learning to
understand, speak, read, and write.

(4) Does not include academic study through the language, but
focuses on language study itself.

(5) Has proficiency goals and pupil outcomes that vary
according to the amount and type of instruction.

(6) Provides initial instruction and exposure to a second
language.

(7) Usually meets daily.

(8) Begins in kindergarten and continues through grade 6, but
may begin in grade 2, grade 3, or grade 4.

(c) “Transitional Bilingual” may be implemented as a whole
schoolday program for prekindergarten, kindergarten, and grades
1 to 3, inclusive, and includes all of the following:

(1) Are for English learners.

(2) Provides academic instruction and initial literacy
development in the home language along with English language
development, with increasing amounts of the English language
leading to full transition to the English language by the end of
grade 3.

(3) Provides that the goal is not biliteracy but a transition to
English.

(d) “Developmental Bilingual” may be implemented as a whole
schoolday program for prekindergarten, kindergarten, and grades
1 to 5, inclusive, and includes all of the following:

(1) Has a program for English learners using both the English
language and their first language for academic instruction and
develops literacy skills in both languages.

(2) Includes an additive approach that continues through grade
5 and an attainment of threshold literacy skills in both languages.

(3) Has the goal of biliteracy.

(e) “Immersion” may be implemented as a whole schoolday
program or a summer enrichment program for prekindergarten,
kindergarten, and grades 1 to 12, inclusive, and includes all of the
following:

(1) Provides that the target language is used for all academic
instruction with the exception of language arts in English.

(2) Maintains a ratio of target language use to English language
use as high as 80 percent to 20 percent throughout kindergarten
and grades 1 to 6, inclusive.

(f) “Two-Way Immersion” (Dual Language) may be
implemented as a whole schoolday program for prekindergarten,
kindergarten, and grades 1 to 12, inclusive, and includes all of the
following:

(1) Integrates native English language speakers and speakers
of another language by providing instruction in both languages for
all pupils.

(2) Promotes bilingualism and biliteracy, grade-level academic
achievement, and positive cross-cultural attitudes and behaviors
in all pupils.

(3) Has classes made up of roughly equal numbers of native
speakers of English and native speakers of the target language.

(4) Has each language roughly one-half of the time for academic
instruction in the 50/50 Two-Way Immersion model.

(5) Has the target language used for 90 percent of instruction
in the early years, usually tapering to 50 percent by grade 4 in the
90/10 Two-Way Immersion model. At the secondary level, pupils
continue to study academic content in the target language for at
least two periods a day.

(6) Typically begins in kindergarten or grade 1 and lasts at least
through grade 5, and preferably through grades 9 to 12, inclusive.

(g) “Native Speakers Courses” may be implemented as a period
offered during a schoolday or after school for grades 6 to 12,
inclusive, and includes all of the following:

(1) Designed to develop literacy, academic language, and
proficient skills in a language other than English for native speakers
of that language.

(2) Designed for pupils from homes in which the target language
is spoken and for pupils who speak or understand the target
language to some extent.

(3) Has the intent of these courses being to build on existing
skills of pupils and help them develop full academic proficiency.

(4) Requires Advanced Placement language courses.

(h) “Heritage Language” may be implemented as a period
offered during a schoolday or after school for kindergarten and
grades 1 to 12, inclusive, and includes all of the following:

(1) Are additive programs that enable
English-language-dominant pupils from language minority families
to reclaim their heritage language and receive an education that
incorporates a culturally responsive curriculum in school.

(2) Requires Advanced Placement language courses.

(i) “World Language Classes” may be implemented as a period
offered during a schoolday or after school for grades 6 to 12,
inclusive, and includes all of the following:

(1) Begins in middle school or high school.

(2) Has the curriculum aligned with the A to G requirements of
the University of California.

(3) Requires the study of the same world language for two years
in grades 9 to 12, inclusive, to meet the freshman admissions
requirements for the University of California and the California
State University.

(4) Requires Advanced Placement language classes.

(j) “Study Abroad, International Student Exchange Program”
for grades 6 to 12, inclusive, includes both of the following:

(1) Provides world language pupils with opportunities to travel,
live, and study for a short time in another nation.

(2) Includes trips sponsored by language clubs or language
courses for a few weeks or full semester, or live-abroad placement
programs.

SEC. 3.  

Section 51461 of the Education Code is amended to
read:

51461.  

(a) The State Seal of Biliteracy certifies attainment of
a high level of proficiency by a graduating high school pupil in
one or more languages, in addition to English, and certifies that
the graduate meets all of the following criteria:

(1) Completion of all English language arts requirements for
graduation with an overall grade point average of 2.0 or above in
those classes.

begin delete

(2) Passing the California Standards Test in English language
arts administered in grade 11 at the proficient level or above.

(A) For purposes of this paragraph, if the California Standards
Test in English language arts is not approved, then both of the
following shall apply:

(i) The governing board of the school district shall administer
an assessment that is aligned to English language arts, as
established pursuant to subparagraph (A) of paragraph (1) of
subdivision (b) of Section 60640, in grade 11.

(ii) The graduate shall pass the assessment at the proficient level
or above.

(B) For purposes of this paragraph, if a state-adopted assessment
has not been fully implemented, both of the following shall apply:

(i) The governing board of the school district shall select an
assessment to be used that is aligned to the English language arts
standards adopted by the state board for grade 11.

(ii) The graduate shall score at a level that demonstrates English
language arts proficiency.

end delete begin insert

(2) (A) Passing a state-adopted, standards-aligned test in
English language arts administered in grade 11 at the proficient
level or above.

end insert begin insert

(B) Notwithstanding subparagraph (A), for the 2014-15 school
year, passing the most recently available state-adopted,
standards-aligned test in English language arts for that graduate
at the proficient level or above.

end insert

(3) Proficiency in one or more languages other than English,
demonstrated through one of the following methods:

(A) Passing a foreign language Advanced Placement
examination with a score of 3 or higher or an International
Baccalaureate examination with a score of 4 or higher.

(B) Successful completion of a four-year high school course of
study in a foreign language, and attaining an overall grade point
average of 3.0 or above in that course of study.

(C) If no Advanced Placement examination or off-the-shelf
language test exists and the school district can certify to the
Superintendent that the test meets the rigor of a four-year high
school course of study in that foreign language, passing a school
district language examination that, at a minimum, assesses
speaking, reading, and writing in a language other than English at
the proficient level or higher. If a school district offers a language
examination in a language in which an Advanced Placement
examination or off-the-shelf language test exists, the school district
language examination shall be approved by the Superintendent for
the purpose of determining proficiency in a language other than
English.

(D) Passing the SAT II foreign language examination with a
score of 600 or higher.

(b) If the primary language of a pupil in any of grades 9 to 12,
inclusive, is other than English, he or she shall do both of the
following in order to qualify for the State Seal of Biliteracy:

(1) Attain the early advanced proficiency level on the English
language development test. For purposes of this paragraph, a
participating school district may administer the English language
development test an additional time as necessary.

(2) Meet the requirements of subdivision (a).

(c) For languages in which an Advanced Placement test is not
available, the Superintendent may provide a listing of equivalent
summative tests that school districts may use in place of an
Advanced Placement test for purposes of subparagraph (A) of
paragraph (3) of subdivision (a). A school district may provide the
Superintendent with a list of equivalent summative tests that the
district uses in place of an Advanced Placement test for purposes
of subparagraph (A) of paragraph (3) of subdivision (a). The
Superintendent may use lists received from school districts in
developing his or her list of equivalent summative tests.

(d) For purposes of this article, “foreign language” means a
language other than English, and includes American Sign
Language.

SEC. 4.  

The State Recognition Program of Multiple Pathways
to Biliteracy (Article 11 (commencing with Section 33460) of
Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code)
shall be implemented only to the extent moneys are available to
the State Department of Education for purposes of the program
from any source, including, but not limited to, state moneys, federal
moneys, and other nonstate funding sources.