BILL ANALYSIS �
SB 1174
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1174 (Lara) - As Amended: August 4, 2014
Policy Committee: EducationVote:5-2
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill 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,
including among other things, replacing the phrase "immigrant
parents" with "all parents" when finding that these parents
are eager to have their children learn English.
3)Resolves that amending and repealing certain provisions of
Proposition 227 as part of the November 2016 statewide
election, will advance the goal of voters to ensure that all
children in California public schools receive the highest
quality education, master the English language and access
high-quality, innovative, and research-based language
programs.
4)Repeals provisions of Proposition 227, including:
a) The requirement all children in California public
schools to be taught English by being taught in English and
children who are English learners be educated through
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sheltered English immersion during a temporary transition
period, as specified.
b) Authorization for schools to place English learners
(ELs) of different ages but whose degree of English
proficiency is similar, in the same classroom.
c) The requirement ELs, once they have acquired a good
working knowledge of English, to be transferred to English
language mainstream classrooms.
d) Authorization for 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, as
specified.
5)Authorizes 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. Encourages
local schools 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.
6)Requires, in accordance with the local control funding
formula, supplemental funding for low-income pupils, English
learners, and foster children to be maintained, subject to
modification by the Legislature and Governor as specified.
7)Deletes the definitions of "English language classroom,"
"English language mainstream classroom," "sheltered English
immersion," and "bilingual education/native language
instruction." Defines "English learner" to mean Limited
English Proficient, as defined under federal law and defines
"Native speaker of English" as a pupil who learned and used
English as his or her primary means of communication in the
home from early childhood.
8)Repeals language authorizing a parent or guardian to waive
certain provisions of 227 and instead permits parents to
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choose a language acquisition program that best suits their
child. Schools in which 30 pupils or more per school, or 20
pupils in a given grade level, request a specific language
acquisition program, are required to offer such a program to
the extent possible. Additionally, if a school district
implements a language acquisition program, as specified, the
program shall comply with existing law class size requirements
for grades 1-3 and parents shall be provided information on
the availability of these programs as part of the annual
parent notification.
9)States the right of California School children to be provided
with a free public education and an English language public
education.
10)Authorizes amendments to this statute by approval of the
voters or by a majority vote of the Legislature, rather than
2/3 vote.
11)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. Makes provisions of the bill operative on July 1,
2017.
FISCAL EFFECT
1)One-time General Fund costs in the range of $275,000 to
$660,000 to the Secretary of State to place a measure on a
statewide ballot. Costs average $55,000 - $66,000 per page and
ballot measures range in length, generally around 10 pages.
2)Initial costs of approximately $115,000, ongoing costs of
approximately $48,000, for the CDE to revise guidance and
oversight to ensure the state continues to meet federal
requirements to provide certain services to ELs, as a
protected class. These costs include staff training, technical
support to the field and updating materials.
3)General Fund/Proposition 98 cost pressures to local school
districts and COEs to provide access to any language
acquisition program that the parents of 20 or more students in
the same grade level request.
COMMENTS
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Purpose. Proposition 227 was passed in 1998 by 61 percent of the
California electorate. Proposition 227 requires that English
learners 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.
Many education advocates, including the Education Trust-West,
support this bill to amend and repeal parts of existing law
enacted by Proposition 227, subject to voter approval.
Advocates cite the long term benefits of bilingual or dual
immersion programs and note often higher levels of English
proficiency and academic achievement among students in these
programs as compared to students in English immersion programs.
This bill provides the flexibility for schools to more easily
embrace multilingual educational programs and the associated
benefits.
Analysis Prepared by : Misty Feusahrens / APPR. / (916)
319-2081