BILL ANALYSIS �
SB 1174
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Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
SB 1174 (Lara) - As Amended: April 23, 2014
SENATE VOTE : 27 - 8
SUBJECT : Pupils: English Language Education
SUMMARY : Amends and repeals various provisions of Proposition
227, including repealing the requirement that all children be
taught English by being taught in English and instead allows
school districts and county offices of education, in
consultation with language experts in the field and parents, to
determine the best language instruction methods and language
acquisition programs to implement. Specifically, this bill :
1)Establishes the California Education for a Global Economy
Initiative (California Ed.G.E. Initiative), by renaming and
amending the chapters relating to English Language Education
for Immigrant Children, as established by Proposition 227.
2)Amends the findings and declarations of Proposition 227's
English Language Education for Immigrant Children as follows:
a) Removes the reference to English as the leading world
language of international business;
b) Replaces the phrase "immigrant parents" with to "all
parents" when finding that these parents are eager to have
their children learn English;
c) Replaces the finding that parents are eager to have
their children "acquire a good knowledge of English" with
the phrase "master the English language and obtain a
high-quality education" within the finding that learning
the English language will allow the child to fully
participate in the American dream of economic and social
advancement;
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d) Makes findings relating to the prevalence of
multinational businesses and the need for multilingual
employees;
e) Declares the importance of multilingual persons to
national security and conducting diplomacy and
international programs and to California's economic trade
and diplomatic efforts;
f) Recognizes California's opportunity to provide all
parents with the choice to have their children educated to
high standards in English and one or more additional
languages;
g) Removes the declaration that public schools of
California currently do a poor job of educating immigrant
children, wasting financial resources on costly
experimental language programs whose failure over the past
two decades is demonstrated by the current high drop-out
rates and low English literacy levels of many immigrant
children;
h) Declares the Local Control Funding Formula (LCFF) and
Local Control and Accountability Plans (LCAP) as approved
by the California Legislature and signed by the Governor,
as a historic school funding reform that restructured
public education funding in a more equitable manner, and
directs increased resources to improve English language
acquisition;
i) Finds that 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 these parents will
have a choice and voice to demand the best education for
their children, including access to language programs;
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j) Declares that existing law places constraints on
teachers and schools, which have deprived many pupils of
opportunities to develop multilingual skills;
aa) Strikes the finding that young immigrant children can
easily acquire full fluency in a new language, such as
English, if they are heavily exposed to that language in
the classroom at an early age; and
bb) Recognizes existing research that demonstrates the
cognitive and academic benefits of dual-immersion and
tri-immersion language programs.
3)Resolves that by amending and repealing certain provisions of
Proposition 227's English Language Education for Immigrant
Children the goal of voters to ensure that all children in
California public schools receive the highest quality
education, including English language instruction and access
to high-quality, innovative, and research-based language
programs will be realized.
4)Deletes from the resolution of Proposition 227's English
Language Education for Immigrant Children, language that
suggests students be taught English as rapidly and effectively
as possible.
5)Replaces the provisions of Proposition 227 that require all
children in California public schools to be taught English by
being taught in English, that children be placed in English
language classrooms, and that children who are English
learners be educated through sheltered English immersion
during a temporary transition period with a provision that
permits 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
field, parents, and engaging local communities.
6)Repeals the provision of Proposition 227 that permits schools
to place English learners (ELs) of different ages but whose
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degree of English proficiency is similar, in the same
classroom.
7)Repeals the provision that requires ELs, once they have
acquired a good working knowledge of English, to be
transferred to English language mainstream classrooms.
8)Encourages local schools to mix together in the same classroom
ELs from different native-language groups but with the same
degree of English fluency for the purpose of providing
targeted language instruction.
9)Encourages local schools to provide opportunities for
monolingual English speaking pupils to be instructed in
another language and specifies that the non-English language
should be at the discretion of the parents, community, and
school, depending upon the linguistic resources of the school
community.
10)Specifies that current supplemental funding for low-income
pupils, ELs, and foster children under the LCFF shall be
maintained, subject to possible modification as specified.
11)Deletes the definitions of "English language classroom,"
"English language mainstream classroom," "sheltered English
immersion," and "bilingual education/native language
instruction."
12)Defines "English learner" to mean a 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 child.
13)Repeals the language relating to a parent or guardian's right
to waive the provisions of the English language guarantees
under existing law and the circumstances under which such a
waiver may be granted.
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14)Permits parents to choose the education model that best suits
their child by requiring schools in which 20 pupils or more in
a given grade level request a specific language program to
offer such a class or are otherwise required to allow the
pupils to transfer to a public school in which such a class is
offered.
15)States the right of California School children to be provided
with a free public education and an English language public
education.
16)Repeals the language that gives the parents or guardians of a
California school child who has been denied the option of an
English language instructional curriculum in a public school
legal standing to sue for enforcement of that right and makes
a school board member or other elected official or public
school teacher or administrator who willfully and repeatedly
refuses to implement the terms of the statute personally
liable for fees and actual damages.
17)Changes the requirements for statutorily amending the
provisions of this act by removing the requirement that any
amendment be to further the act's purpose and also changes the
requirement that any such amendment be passed by a two-thirds
vote of each house of the Legislature to a majority of each
house of the Legislature.
18)Specifies that because sections of this bill amend or repeal
provisions of Proposition 227, an initiative statute that was
approved by the voters at the June 2, 1998, statewide primary
election, these sections shall become effective only when
submitted to, and approved by, the voters.
19)Requires the Secretary of State to submit those sections that
amend or repeal provisions of Proposition 227, for approval by
the voters at the November 2016 statewide general election, as
specified.
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EXISTING LAW:
1)Requires all children in California public schools to be
taught English by being taught in English.
2)Requires that all children be placed in English language
classrooms.
3)Requires ELs be educated through sheltered English immersion
programs during a temporary transition period not normally
intended to exceed one year.
4)Permits schools to place in the same classroom ELs of
different ages but whose degree of English proficiency is
similar.
5)Encourages local schools to mix together in the same classroom
ELs from different native-language groups but with the same
degree of English fluency.
6)Specifies that once ELs have acquired a good working knowledge
of English, they shall be transferred to English language
mainstream classrooms.
7)Allows the English-only and sheltered language programs to be
waived with the prior written informed consent, to be provided
annually, of the child's parents or legal guardian under
specified circumstances. This consent requires that said
parents or legal guardian personally visit the school to apply
for the waiver and that they there be provided a full
description of the educational materials to be used in the
different educational program choices and all the educational
opportunities available to the child. Under such parental
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waiver conditions, children may be transferred to classes
where they are taught English and other subjects through
bilingual education techniques or other generally recognized
educational methodologies permitted by law.
8)Requires schools in which 20 pupils or more of a given grade
level receive a waiver to offer such a class; otherwise, they
must allow the pupils to transfer to a public school in which
such a class is offered.
9)Identifies the right of each school child in California to be
provided with an English language public education.
10)Specifies that if a California school child has been denied
the option of an English language instructional curriculum in
public school, the child's parent or legal guardian shall have
legal standing to sue for enforcement of the provisions of
this statute, and if successful, shall be awarded normal and
customary attorney's fees and actual damages, but not punitive
or consequential damages. Any school board member or other
elected official or public school teacher or administrator who
willfully and repeatedly refuses to implement the terms of
this statute by providing such an English language educational
option at an available public school to a California school
child may be held personally liable for fees and actual
damages by the child's parents or legal guardian.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill will have the following fiscal effects:
1)Ballot costs: $275,000 - $660,000 in one-time costs to the
Secretary of State. Placing a measure on a statewide ballot
costs $55,000 - $66,000 per page; ballot measures range in
length, but average 10 pages in length.
2)Language education model choice: Potentially significant
additional local costs to provide access to any language
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educational model that the parents of 20 or more students in
the same grade level request, or to facilitate their transfer
to a school that offers the requested model. State mandates
enacted by the voters are not reimbursable. However, schools
are primarily funded by Proposition 98 General Fund dollars.
3)State-level oversight: Potentially significant increased
workload for the California Department of Education to revise
guidance and oversight to ensure the state continues to meet
federal requirements to provide certain services to ELs, as a
protected class.
COMMENTS : In June of 1998, Proposition 227 was passed by 61
percent of the California electorate. The initiative was
intended to significantly alter the ways in which the state's
ELs are taught. Proposition 227 requires that ELs be taught
"overwhelmingly in English" through sheltered/structured English
immersion (SEI) programs during "a temporary transition period
not normally intended to exceed one year," and then transferred
to mainstream English-language classrooms. This bill recognizes
our increased understanding of who California's ELs are and how
we can better serve these, and all, students. This bill
supports California's recognition of the value of biliteracy and
reaffirms the commitment to shift decision making to local
districts.
Nothing in this bill prohibits districts from continuing to
offer SEI or English only instruction. Rather, it leaves the
particular instructional program to the discretion of the
district. Generally, there are four programs of language
instruction that exist, with virtually countless blends and
gradients within these programs. Within the English-only model
there are two programs: the sheltered instruction program and
the structured immersion program; within the Bilingual model
there are two programs: dual language programs and transitional
bilingual programs. The key components of each are as follows:
------------------------------------------------------------------
| English Only | Sheltered | ELs receive | Students' |
| Model | Immersion | gradually |native language |
| | Program | decreasing native | plays a small |
| | | language supports | or no role in |
| | | as they develop | English-only |
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| | |sufficient English | programs. |
| | | language skills. | |
|----------------+------------+-------------------+----------------|
| | Sheltered |These programs use | |
| |Instruction | small | |
| | Program | amounts of native | |
| | | language strictly | |
| | | to supplement the | |
| | | English-only | |
| | | curriculum. | |
|----------------+------------+-------------------+----------------|
|Bilingual Model | Dual |These programs are | These programs |
| | Language | designed to | serve |
| | Program | develop students' | both ELs and |
| | | skills in two | monolingual |
| | | languages |English-speakers|
| | | simultaneously. | , typically in |
| | | | equal |
| | | | proportions, |
| | | | and aim to |
| | | | reinforce |
| | | | students' |
| | | | native or |
| | | | heritage |
| | | | language and |
| | | | foster the |
| | | | development of |
| | | | a second |
| | | | language. |
|----------------+------------+-------------------+----------------|
| |Transitional| ELs build English | These programs |
| | Bilingual | skills and use |are designed to |
| | Program | native | transition ELs |
| | | language |into mainstream |
| | | instruction while | English |
| | | learning English. |classrooms once |
| | | | the student |
| | | | develops |
| | | | sufficient |
| | | |skill levels in |
| | | | both English |
| | | | and their |
| | | | native or |
| | | | heritage |
| | | |languages. |
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Local Control Funding Formula (LCFF)
This bill is consistent with the underlying premise of the LCFF,
which is that choices are best left to the experts at the local
levels so that instruction, spending, and other critical
decisions can be made by those most familiar with the unique
needs of the individual district. The provisions of this bill
make specific reference to the continuation of the funding
stream for EL students and does not increase funding or require
these funds be spent in any particular manner. The supplemental
and concentration grant funding to which a local educational
agency may be entitled under LCFF, is similarly unaffected by
this bill.
Waivers
Under existing law, a school district may offer alternative
English programs, however, only those parents that waive their
child out of the SEI and mainstreaming programs are eligible to
participate in these alternative programs. This bill would
instead allow a school district to choose a language program or
multiple programs that are best suited to the needs of its
community and offer those programs to all students regardless of
whether the parent has knowledge of his or her placement
options. So while this bill repeals the language relating to a
parent or guardian's right to waive the provisions of the
English language guarantees the option for alternative programs
remains, but rests with the school district. However, enormous
choice remains for parents, specifying if 20 parents within a
given grade level request a specific language program, the
school district shall offer such a class or are otherwise
required to allow the pupils to transfer to a public school in
which such a class is offered.
Benefits of Biliteracy
Attaining proficiency in multiple languages can have economic
and national security benefits. The Center for Applied
Linguistics found that Americans fluent in foreign languages, in
addition to English, can help improve global communication,
enhance our economic competitiveness abroad, and maintain our
political and security interests. This bill will encourage
programs that foster multilingualism among all pupils which can,
in turn, provide pupils a competitive edge to contribute and
participate in expanding global markets, communications, and
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security needs. According to the Committee for Economic
Development, federal agencies such as the Federal Bureau of
Investigation, the Central Intelligence Agency, and the National
Security Agency face severe shortages of employees with the
necessary language skills most needed for translation work.
Furthermore, the National Education Association states that the
expanding globally connected United States economy has meant an
increased need for individuals who can communicate in multiple
languages in order to meet the increased demand in jobs tied to
international trade. For example, the California Chamber of
Commerce reports that over one million high-paying jobs depend
on California's connections to 220 foreign markets.
A wide range of languages are spoken in California, indicating
the diverse population of students across the state. Allowing
districts to address the linguistic needs of all its pupils by
learning and acquiring other languages may have the effect of
creating school environments that welcome, accept, and value the
cultural and linguistic diversity of California schools and the
state. According to a California State Board of Equalization
report, teaching the benefits of multiculturalism and providing
students with world languages and cultural competencies will
allow them to participate in their communities and to live
harmoniously with their neighbors.
Despite these benefits, the language this bill requiring schools
in which 20 pupils or more of a given grade level request a
specific language program to offer such a class or allow the
pupils to transfer to a public school in which such a class is
offered, may not be consistent with the intent of serving the
language needs of ELs. While this provisions allows parents of
ELs to seek out alternative programs without going through the
current waiver process, this provision would also allow the
parent of a monolingual English speaking pupil to request a
language instruction program or be allowed to transfer his/her
child to a school that provides such a program. Notwithstanding
the benefits of biliteracy for all students, such demands may
compete against the limited instructional and financial
resources used to serve ELs. Therefore, staff recommends an
amendment that limits this option only to EL pupils requesting a
specific language program.
REGISTERED SUPPORT / OPPOSITION :
Support
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Advancement Project
California Association of Latino Superintendents and
Administrators
California Council on Teacher Education
California Immigrant Policy Center
California Language Teachers Association
California Latino Legislative Caucus
Early Edge
Lynwood Unified School District
National Association of Social Workers, California Chapter
Public Advocates
Public Counsel
San Jose Silicon Valley Chamber of Commerce
The Education Trust-West
Opposition
None on file
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087