BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 1108
AUTHOR: Padilla
INTRODUCED: February 19, 2014
FISCAL COMM: Yes HEARING DATE: March 26, 2014
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : English learner reclassification.
SUMMARY
This bill modifies the requirements around the study of
English learner reclassification established by SB 1108
(Padilla, Statutes of 2012) to additionally require the
California Department of Education (CDE) to recommend, and
the State Board of Education to adopt, best practices
around reclassification by January 1, 2016, and also adds
"reclassified English learners" as a numerically
significant pupil subgroup for the purposes of the Academic
Performance Index (API).
BACKGROUND
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.
Current 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
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multiple criteria, including, but not limited to, all of
the following:
1) An assessment of language proficiency.
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. (Education Code � 313)
Current law, enacted by SB 1108 (Padilla, Chapter 4343,
Statues of 2012), also requires the CDE, if state federal
or private funds are provided for this purpose, to review
and analyze the criteria, policies and practices that
school districts use to reclassify English learners and to
recommend any policy changes necessary to identify when
English learners are prepared for reclassification. The
CDE was required to issue a report of its findings,
research, analysis, recommendations, and best practices by
January 1, 2014, and by January 1, 2017, to issue an
updated report that reflects changes in analysis and
recommendations as the result of the adoption of the common
core standards and the adoption of a common core standards
aligned English language development test.
(Education Code � 313.5)
ANALYSIS
This bill :
1) Requires that, by January 1, 2016, the CDE recommend
and the state board adopt the CDE's recommendations
and best practices regarding reclassification of
English learners.
2) Adds "reclassified English learners" as a numerically
significant subgroup for purposes of calculating a
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school and district's Academic Performance Index
(API).
3) Makes other technical and clarifying changes.
STAFF COMMENTS
1) Need for the bill . According to the author, as of
March 2014, the CDE has failed to issue the report
required as a result of the enactment of SB 1108
(Padilla, Chapter 4343, Statues of 2012).
Additionally, the author notes that while the local
control funding formula requires districts to
establish a plan for addressing the needs of
Reclassified English Learners and federal law requires
that these students be monitored for two years,
current law does not require any reporting of the
academic progress of reclassified English learners.
.
2) Recent related report . In January 2014, the Public
Policy Institute of California (PPIC) issued a report,
Reclassification of English Learners in California
Schools, which provided a longitudinal analysis of the
transition from English learner to Reclassified Fluent
English Proficient (RFEP) in California school
districts. According to the report:
Reclassified Fluent English Proficient
(RFEP) students not only outperform English
learner students, but also often do as well as
native English speakers when it comes to measures
of academic outcomes, such as standardized tests
and on-time grade progression.
A survey of school districts indicates that
more than 90 percent of responding districts
report using more demanding reclassification
criteria than are suggested by the State Board of
Education (SBE) guidelines.
Districts using more stringent
reclassification criteria have lower
reclassification rates. However, using stricter
criteria is also associated with slightly better
outcomes (in terms of ongoing language
proficiency, for example) for RFEP students.
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Stricter criteria are also associated with a
greater likelihood of on-time grade progress
among students reclassified in the 8th grade.
The report acknowledges that current law requires
analysis to determine the new reclassification
criteria and concurs that such research and analysis
are needed.
1) California Department of Education (CDE) compliance .
In response to the requirements of SB 1108 (2012), the
CDE entered a memorandum of understanding with the
Public Policy Institute of California (PPIC) to
provide data from the California Longitudinal Pupil
Achievement Data System for purposes of their analysis
of reclassification practices in California school
districts. While the CDE anticipated that the PPIC
report might assist in meeting the requirements of the
legislation, the CDE believes that the scope of the
report did not fulfill the statutory requirements
outlined in SB 1108 and the research and analysis were
not aligned with the information necessary for the CDE
to make recommendations or identify best practices
regarding the reclassification of English learners.
The CDE also reports that it has requested funding
through the budget process to conduct the more
extensive research and analysis envisioned by SB 1108
(2012). According to the CDE, conducting the
comprehensive study envisioned by the bill requires
additional resources and may be accomplished by 2016.
This bill appears to be motivated, in part, by a
frustration with the lack of compliance with the
requirements established by SB 1108 (2012). However,
this bill goes further than the original bill by
requiring the CDE to recommend and the SBE to adopt
the CDE recommendations and best practices by January
1, 2016. Rather than expand the expectations of the
original legislation, or potentially rely on a report
that may provide insufficient information and analysis
to make informed recommendations on a critical policy
issue, the committee could simply extend the time by
which the CDE must comply with the original
legislation. Staff recommends the bill be amended to
delete the provisions on page 4, to delete lines 17-20
and, on line 13, to delete "2014" and insert "2016."
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2) Prior legislation .
SB 344 (Padilla, 2013) proposed new requirements
related to the Local Control Accountability Plans
(LCAPs) that local education agencies (LEAs) are
required to adopt beginning July 1, 2014. Among other
things, SB 344 added reclassified English learners to
the subgroups of pupils whose academic achievement
must be measured by the Academic Performance Index
(API) for accountability purposes. SB 344 was vetoed
by the Governor, whose veto message read, in pertinent
part:
This bill interferes with the work of the State
Board of Education as it implements, through an
open and transparent process, the Local Control
Funding Formula. Moreover, it contains
provisions contrary to the July budget agreement.
SUPPORT
Families in Schools
Californians Together
OPPOSITION
None received.