BILL ANALYSIS �
SB 1174
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SENATE THIRD READING
SB 1174 (Lara)
As Amended August 18, 2014
Majority vote
SENATE VOTE :27-8
EDUCATION 5-2 APPROPRIATIONS 12-5
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|Ayes:|Buchanan, Gonzalez, |Ayes:|Gatto, Bocanegra, |
| |Nazarian, Weber, Williams | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Olsen, Ch�vez |Nays:|Bigelow, Donnelly, Jones, |
| | | |Linder, Wagner |
| | | | |
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SUMMARY : Amends and repeals various provisions of Proposition 227
of 1998, 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, including, in part, the
following:
a) Removes the declarations that public schools of California
currently do a poor job of educating immigrant children, that
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these 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 the declaration
that suggests students be taught English as rapidly and
effectively as possible.
b) Makes findings and declarations relating to the importance
and prevalence of multilingual and multi-literate persons as
employees and citizens and recognizes the cognitive, economic,
and long-term academic benefits of multilingualism and
multi-literacy.
c) Makes findings and declarations that address the desire of
all parents to have their children master English and obtain a
high quality education so that all children will be able to
fully participate in the American dream of economic and social
advancement;
d) 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 and
that parents now have the opportunity to participate in
building innovative new language acquisition programs;
3)Resolves that by amending and repealing certain provisions of
Proposition 227's English Language Education for Immigrant
Children at the November 2016 general statewide election, 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 will be realized.
4)Repeals 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 until they are transitioned into English
language mainstream classrooms.
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5)Requires school districts and county offices of education, as a
part of developing its local control and accountability plan
(LCAP), to solicit input on and provide to pupils, effective and
appropriate instructional methods for language acquisition
programs. Requires a school district or county office of
education, when establishing a language acquisition program, to
consult with the proper school personnel, as specified. The
language of the bill specifies that these requirements will ensure
all pupils have access to the core academic content standards,
including the English Language Development (ELD) standards, as
applicable, and become proficient in English.
6)Requires, at a minimum, school districts and county offices of
education to provide English learners (ELs) with a structured
English immersion program, as specified for the purpose of
ensuring EL students have access to the core academic content
standards, including the ELD standards, as applicable, and become
proficient in English.
7)Repeals the provision of Proposition 227 that permits schools to
place ELs of different ages but whose degree of English
proficiency is similar, in the same classroom.
8)Encourages local schools to provide opportunities for native
English speaking pupils, as defined, 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 and financial resources of the school
community.
9)Deletes the definitions of "English language classroom," "English
language mainstream classroom," "sheltered English immersion," and
"bilingual education/native language instruction."
10)Defines "English learner" to mean a pupil who is "limited English
proficient" as defined in the No Child Left Behind Act and "Native
Speaker of English" to mean a pupil who has leaned and used
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English in his or her home from early childhood and English has
been his or her primary means of concept formation and
communication in the home from early childhood.
11)Defines "Language Acquisition Programs" as educational programs
designed to ensure English acquisition as rapidly and effectively
as possible, and that provide instruction to pupils on the
state-adopted academic content standards, including the ELD
standards. This bill requires that the language acquisition
programs provided to pupils pursuant to this section be informed
by research and lead to a grade level proficiency and academic
achievement in both English and another language.
12)Specifies that language acquisition programs may include dual
language immersion programs, transitional or developmental
programs for ELs, and structured English immersion programs for
ELs, as defined.
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.
14)Permits parents to choose the language acquisition model that
best suits their child by requesting a specific language
acquisition program and then requires a school that receives
requests on behalf of 20 pupils within any given grade or 30 or
more pupils per school, offer that program, to the extent
possible.
15)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.
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16)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.
17)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 on July 1, 2017,
and only when submitted to, and approved by, the voters.
18)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.
19)Makes technical and clarifying amendments to these sections.
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
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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 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
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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 Assembly Appropriations Committee:
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 to $66,000 per page and ballot
measures range in length, generally around 10 pages.
2)One time General Fund 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 English learners as a
protected class. These costs include staff training, technical
support to the field and updating materials.
COMMENTS : In June of 1998, Proposition 227 was passed by 61% 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,
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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.
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
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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 security needs. According to the Jobs,
Economic Development, and the Economy Committee 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.
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087
FN: 0004787