BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       AB 2303
          AUTHOR:        Bloom
          AMENDED:       June 18, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 25, 2014
          URGENCY:       No             CONSULTANT:    Kathleen  
          Chavira

           SUBJECT  :  State Recognition of Multiple Pathways to  
          Biliteracy.
          
           SUMMARY  

          This bill establishes the State Recognition Program of  
          Multiple Pathways to be administered by the California  
          Department of Education (CDE) for purposes of recognizing  
          school districts and county offices of education  
          demonstrating excellence in providing and supporting  
          multiple opportunities for students in grades 1-12 to  
          attain high achievement and linguistic biliteracy through  
          biliteracy programs.  The bill also authorizes the use of  
          alternate assessments for the purpose of the State Seal of  
          Biliteracy (SSB).  

           BACKGROUND  

          Current law establishes the State Seal of Biliteracy which  
          provides recognition to high school students who have  
          demonstrated proficiency in speaking, reading, and writing  
          in one or more languages in addition to English. Each  
          school district, county office of education (COE), or  
          direct-funded charter school that confers the SSB is  
          required to maintain appropriate records in order to  
          identify students who have met the established criteria for  
          the award and to affix the SSB insignia to the diploma or  
          transcript of each qualifying student.  (EC � 51460)

          Current law requires high school graduates to meet all of  
          the following criteria to be eligible for the SSB: 









                                                               AB 2303
                                                                Page 2



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

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

             3    Demonstrate proficiency in one or more languages in  
               addition to English, through one of the following  
               methods: 

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

                  b)        Successfully complete a four-year high  
                    school course of study in a foreign (world)  
                    language, and attain an overall grade point  
                    average of 3.0 or above in that course of study. 

                  c)        Pass 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 no AP examination or off-the-shelf  
                    language test exists, and the school district can  
                    certify to the State Superintendent of Public  
                    Instruction (SSPI) that the test meets the rigor  
                    of a four-year high school course of study in  
                    that foreign (world) language. If a school  
                    district offers an examination in a language in  
                    which an AP examination or off-the-shelf language  
                    test does exist, the school district language  
                    examination must be approved by the SSPI for the  
                    purpose of determining proficiency in a language  
                    other than English.

                  d)        Passing the Scholastic Assessment Test II  










                                                               AB 2303
                                                                Page 3


                    foreign language examination with a score of 600  
                    or higher. (EC �51461)

          If the primary language of a pupil in any of grades 9-12  
          inclusive is other than English, the student is also  
          required to attain the early advanced proficiency level on  
          the California English Language Development Test (CELDT) as  
          well as meet criteria listed above in 1, 2, and 3.

          The State Board of Education (SBE) adopted common core  
          state standards in English language arts and mathematics on  
          August 2, 2010.  Current law requires the SBE to adopt  
          revised frameworks that are aligned to the common core  
          standards in English language arts by May 30, 2014. (EC �  
          60207)

           ANALYSIS
           
           This bill  :

          1)   Establishes the State Recognition Program of Multiple  
               Pathways to Biliteracy, a voluntary program, to be  
               administered annually by the CDE beginning January 1,  
               2016, for purposes of recognizing school districts and  
               county offices of education demonstrating excellence  
               in providing and supporting multiple opportunities to  
               attain high achievement and linguistic biliteracy  
               through biliteracy programs.  More specifically it:

                    a)             Outlines a timeline for  
                    implementation by the CDE.

                    b)             Requires the CDE to use  
                    appropriate state and federal dollars for  
                    implementation.

                    c)             Requires the CDE to recognize a  
                    school district or county office of education  
                    that meets specified criteria which includes,  
                    maintenance of a well-articulated state seal of  
                    biliteracy program for at least two years and  










                                                               AB 2303
                                                                Page 4


                    that there be no outstanding English learner  
                    compliance findings from the most recent federal  
                    and state program monitoring, along with numerous  
                    other detailed and prescriptive program  
                    eligibility requirements. 

                    d)             Authorizes a school district or  
                    county office of education, for purposes of  
                    demonstrating qualification for the recognition  
                    program, to implement any comprehensive program  
                    for the study of world languages including but  
                    not limited to FLEX, FLES, Transitional  
                    Bilingual, Developmental Bilingual, Immersion,  
                    Native Speakers Courses, Heritage Language, World  
                    Language Classes, and Study Abroad International  
                    Student Exchange Programs, and outlines in  
                    extensive detail the components to be included in  
                    each of these programs.  

                    e)             Provides that this program only be  
                    implemented to the extent monies are available to  
                    the CDE for this purpose from any source  
                    including state, federal, and other nonstate  
                    funding. 

          2)   Establishes alternative assessments to the California  
               Standards Test in English Language arts for purposes  
               of meeting the requirements for a student to receive a  
               State Seal of Biliteracy.  Specifically it:

                    a)             Requires that, if the California  
                    Standards Test in English Language Arts is not  
                     approved  , the school district is required to  
                    administer an assessment aligned to the summative  
                    assessment for English language arts in grade 11  
                    being field tested in the 2013-14 year and the  
                    student must pass this assessment at the  
                    proficient level or above. 

                    b)             Requires that, if a State adopted  
                    assessment has not been  fully implemented  the  










                                                               AB 2303
                                                                Page 5


                    school district is required to select an  
                    assessment aligned to English language arts  
                    standard for grade 11 and the student must pass  
                    this assessment at the proficient level or above.  


           STAFF COMMENTS  

           1)   Purpose of the bill  .  According to the author, the  
               intent of this bill is to honor school districts and  
               county offices of education who have invested in and  
               designed articulated and comprehensive multiple  
               pathways to biliteracy.  Preparing students for  
               college, careers, employment and participation in the  
               21st century requires multiple pathways and varied  
               language opportunities, yet, according to the author,  
               current language programs are inadequate.  According  
               to the Center for Applied Linguistics 2008 national  
               survey of public and private schools, the percentage  
               of elementary schools offering foreign language  
               decreased significantly from 24 percent to 15 percent  
               in the decades from 1997-2008.  In California, the  
               number of English Learners that received biliteracy  
               education in dual language settings dropped from 30  
               percent in 1998 to 5 percent in 2013. This bill  
               encourages school districts to offer a program that  
               allows and inspires pupils to obtain the State Seal of  
               Biliteracy.  In so doing, school districts will be  
               encouraging their pupils to learn and acquire other  
               languages with the hope of creating school  
               environments that welcome, accept, and value the  
               cultural and linguistic diversity of California's  
               pupils.  

           2)   State Seal of Biliteracy  .  The State Seal of  
               Biliteracy (SSB), established by AB 815 (Brownley,  
               Chapter 618, Statutes of 2011), became effective  
               January 1, 2012.  According to the CDE, this year over  
               21,000 insignias were awarded to qualifying students  
               in over 500 high schools, which is more than double  
               the number of seals awarded in the first year.










                                                               AB 2303
                                                                Page 6



               In 2011, California joined the Smarter Balanced  
               Assessment Consortium (SBAC) as a governing state for  
               the purpose of developing assessments that are aligned  
               to the common core standards, which were adopted by  
               the State Board on August 2010.  As a condition of  
               becoming a governing member state, California  
               committed to administering the SBAC assessments to  
               pupils beginning in the 2014-15 school year.  Current  
               law requires districts, charter schools and county  
               offices of education to administer field tests and  
               pilot tests of the SBAC assessments only in the  
               2013-14 school year.  (Education Code � 60640) 

               As noted in the background of this analysis, one of  
               the requirements to receive the SSB is that a student  
               pass the California Standards Test in English language  
               arts (ELA) administered in grade 11 at the proficient  
               level or above.  This bill is attempting to do two  
               things in response.  First, it is intended to modify  
               current law to ensure that any new state adopted  
               standards aligned English language arts test can be  
               used for the purposes of the State Seal of Biliteracy.  
                Second, it is attempting to address an issue for  
               students who are graduating in 2014-15, who, because  
               of the transition, may not have had an ELA test  
               administered to them, or may have no individual  
               results available, for grade 11.  As drafted, the bill  
               could be interpreted to allow for the use of any  
               assessment deemed to be standards aligned for this  
               purpose. 

               Staff recommends the bill be amended to delete lines  
               15 through 33 on page 10, and to insert the following:

               "(2) Passing a state adopted standards aligned test in  
               English language arts administered in grade 11 at the  
               proficient level or above, except that, for the  
               academic year 2014-15, passing the most recently  
               available state adopted standards aligned English  
               language arts test for that student at the proficient  










                                                               AB 2303
                                                                Page 7


               level or above."  
           
          SUPPORT  

          Association of California School Administrators
          California Federation of Teachers
          California School Boards Association
          Californians Together
          Public Advocates

           OPPOSITION

           None received.