Amended in Assembly August 4, 2014

Amended in Senate April 23, 2014

Senate Bill No. 1174

Introduced by Senator Lara

begin delete (Coauthor: Senator Block) end delete begin insert (Coauthors: Senators Block, Hancock, and Monning) end insert

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(Coauthors: Assembly Members Gonzalez and Skinner)

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February 20, 2014

An act to amend Sections 300, 305, 306, 310, 320, and 335 of, and to repeal Section 311 of, the Education Code, relating to English language education.

LEGISLATIVE COUNSEL’S DIGEST

SB 1174, as amended, Lara. English language education.

(1) Existing law, as added by Proposition 227, a measure approved by the voters at the June 2, 1998, statewide primary election, requires, among other things, that all children in California public schools be taught English by being taught in English. Proposition 227 specifies that English learner pupils, as defined, be educated through sheltered English immersion, as defined, during a temporary transition period not normally intended to exceed one year. Proposition 227 further provides that its requirements relating to sheltered English immersion instruction may be waived with the prior written consent of a pupil’s parent or legal guardian, as specified. Proposition 227 also encourages family members and others to provide personal English language tutoring to English learner pupils.

This bill would amend and repeal various provisions of Proposition 227. The bill would, among other things, delete the sheltered English immersion requirement and waiver provisions, and would instead authorize school districts and county offices of education to determine the best language instruction methods and language acquisition programs to implement by consulting experts in the begin delete field, end delete begin insert field and end insert parents, and engaging local communities. The bill would authorize parents begin insert or legal guardians end insert to choose begin delete the education model end delete begin insert a language acquisition program end insert that best suits their child, as provided.

(2) Proposition 227 also specifies that a pupil’s parent or legal guardian has standing to sue for enforcement of its provisions and, if successful, to receive normal and customary attorney’s fees and actual damages, but not punitive or consequential damages. Proposition 227 further provides that school board members, other elected officials, and public school teachers or administrators who begin delete wilfully end delete begin insert willfully end insert and repeatedly refuse to implement its provisions may be held personally liable for fees and actual damages by a pupil’s parent or legal guardian.

This bill would delete that provision.

(3) Proposition 227 provides that its provisions may be amended by a statute to further its purpose passed by a 2⁄3 vote of each house of the Legislature and signed by the Governor.

This bill would delete the requirement that the amendment further the purpose of Proposition 227, and would revise the vote threshold to a majority vote in each house of the Legislature.

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(4) This bill would make these provisions operative on July 1, 2017.

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(4)

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begin insert (5) end insert  The California Constitution authorizes the Legislature to amend or repeal an initiative statute by another statute that becomes effective when approved by the electors.

This bill would provide that it would become effective only upon approval of the voters, and would require the Secretary of State to submit this measure to the voters for approval at the November 2016 statewide general election.

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.  

This measure shall be known, and may be cited,
as the “California Ed.G.E. Initiative” or “California Education for
a Global Economy Initiative.”

SEC. 2.  

Section 300 of the Education Code is amended to read:

300.  

The people of California find and declare as follows:

(a) Whereas, The English language is the national public
language of the United States of America and of the State of
California, is spoken by the vast majority of California residents,
and is also the leading world language for science and technology,
thereby being an important language of economic opportunity;
and

(b) Whereas, All parents are eager to have their children master
the English language and obtain a high-quality education, thereby
preparing them to fully participate in the American Dream of
economic and social advancement; and

(c) Whereas, California is home to thousands of multinational
businesses that must communicate daily with associates around
the world; and

(d) Whereas, California employers across all sectors, both public
and private, are actively recruiting multilingual employees because
of their ability to forge stronger bonds with customers, clients, and
business partners; and

(e) Whereas, Multilingual skills are necessary for our begin delete nation’s end delete
begin insert country’s end insert national security and essential to conducting diplomacy
and international programs; and

(f) Whereas, California has a natural reserve of the world’s
largest languages, including English, Mandarin, and Spanish, which
are critical to the state’s economic trade and diplomatic efforts;
and

(g) Whereas, California has the unique opportunity to provide
all parents with the choice to have their children educated to high
standards in English and one or more additional languages,
including Native American languages, thereby increasing pupils’
access to higher education and careers of their choice; and

(h) Whereas, The government and the public schools of
California have a moral obligation and a constitutional duty to
provide all of California’s children, regardless of their ethnicity
or national origin, with the skills necessary to become productive
members of our society, and of these skills, literacy in the English
language is among the most important; and

(i) Whereas, The California Legislature approved, and the
Governor signed, a historic school funding reform that restructured
public education funding in a more equitable manner, directs
increased resources to improve English language acquisition, and
provides local control to begin delete schools districts end delete begin insert school districts, county
offices of education, end insert and schools on how to spend funding through
the local control funding formula and local control and
accountability plans; and

(j) Whereas, Parents now have the opportunity to participate in
building innovative new programs that will offer pupils greater
opportunities to acquire 21st century skills, such as
multilingualism; and

(k) Whereas, All parents will have a choice and voice to demand
the best education for their children, including access to language
programs that will improve their children’s preparation for college
and careers, and allow them to be more competitive in a global
economy; and

(l) Whereas, Existing law places constraints on teachers and
schools, which have deprived many pupils of opportunities to
develop multilingual skills; and

(m) Whereas, A large body of research has demonstrated the
begin delete cognitive benefits end delete begin insert cognitive, economic, end insert and long-term academic
benefits begin delete in language and in dual- and tri-immersion language
programs. end delete begin insert of multilingualism and multiliteracy. end insert

(n) Therefore, It is resolved that: amendments to, and the repeal
of, certain provisions of this chapter begin insert at the November 2016
statewide general election end insert will advance the goal of voters to ensure
that all children in California public schools shall receive the
highest quality education, begin delete including English language instruction end delete
begin insert master the English language, end insert and access begin delete to end delete high-quality,
innovative, and research-based language programs that provide
the California Ed.G.E. (California Education for a Global
Economy).

SEC. 3.  

Section 305 of the Education Code is amended to read:

305.  

School districts and county offices of education may
determine the best language instruction methods and language
acquisition programs to implement by consulting experts in the
begin delete field, end delete begin insert field and end insert parents, and engaging local communities. Local
schools shall be encouraged to mix together in the same classroom
English learners from different native-language groups but with
the same degree of English fluency for targeted language
instruction. Schools are also encouraged to provide opportunities
for monolingual English speaking pupils to be instructed in another
language to a degree sufficient to produce proficiency in that
language. The non-English language should be at the discretion
of the parents, community, and school, depending upon the
linguistic resources of the school community. In accordance with
the local control funding formula calculated pursuant to Section
42238.02, as implemented by Section 42238.03, current
supplemental funding for low-income pupils, English learners,
and foster children shall be maintained, subject to possible
modification under Article 8 (commencing with Section 335)
below.

SEC. 4.  

Section 306 of the Education Code is amended to read:

306.  

The definitions of the terms used in this article and in
Article 1 (commencing with Section 300) are as follows:

(a) “English learner” means a begin delete child who does not speak English
or whose native language is not English and who is not currently
able to perform ordinary classroom work in English, also known
as a Limited English Proficiency or LEP child. end delete begin insert pupil who is
“limited English proficient” as that term is defined in the federal
No Child Left Behind Act of 2001 (20 U.S.C. 7801(25)). end insert

begin insert

(b) “Native speaker of English” means a pupil who has learned
and used English as his or her primary means of communication
in the home from early childhood.

end insert begin delete

(b)

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begin insert (c) end insert  “Dual- or tri-immersion program” means a program that
teaches a portion of the day in English and a portion of the day in
another language.

SEC. 5.  

Section 310 of the Education Code is amended to read:

310.  

begin insert (a) end insert begin insert   end insert Parents begin insert or legal guardians end insert may choose begin delete the education
model end delete begin insert a language acquisition end insert begin insert program end insert that best suits their child.
Schools in which begin delete 20 end delete begin insert 30 end insert pupils or more begin delete of a given grade level end delete begin insert per
school or 20 pupils or more in any grade end insert request a begin delete specific end delete
language begin insert acquisition end insert program begin insert that is designed to provide language
instruction end insert shall be required to offer such a begin delete class; otherwise, they
must allow the pupils to transfer to a public school in which such
a class is offered. end delete begin insert end insert begin insert program to the extent possible, based upon the
requirements of Section 305. end insert

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(b) If a school district implements a language acquisition
program pursuant to this section, it shall do both of the following:

end insert begin insert

(1) Comply with the kindergarten and grades 1 to 3, inclusive,
class size requirements specified in Section 42238.02.

end insert begin insert

(2) Provide, as part of the annual parent notice required
pursuant to Section 48980 or upon enrollment, the parent or legal
guardian of a minor pupil with information on the types of
language programs available to pupils enrolled in the school
district, including, but not limited to, a description of each
program.

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SEC. 6.  

Section 311 of the Education Code is repealed.

SEC. 7.  

Section 320 of the Education Code is amended to read:

320.  

As detailed in Section 5 of Article 9 of the California
Constitution, and Article 2 (commencing with Section 305) and
Article 3 (commencing with Section 310), respectively, all
California school children have the right to be provided with a free
public education and an English language public education.

SEC. 8.  

Section 335 of the Education Code is amended to read:

335.  

The provisions of this act may be amended by a statute
that becomes effective upon approval by the electorate or by a
statute passed by a majority vote of each house of the Legislature
and signed by the Governor.

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begin insert SEC. 9. end insert   

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begin insert Sections 2 to 8, inclusive, of this act shall become
operative on July 1, 2017. end insert

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

Sections 2 to begin delete 8, end delete begin insert 9, end insert inclusive, of this act amend or
repeal provisions of Proposition 227, an initiative statute that was
approved by the voters at the June 2, 1998, statewide primary
election, and shall become effective only when submitted to, and
approved by, the voters. The Secretary of State shall submit
Sections 1 to begin delete 8, end delete begin insert 9, end insert inclusive, of this act for approval by the voters
at the November 2016 statewide general election in accordance
with Section 9040 of the Elections Code.