BILL NUMBER: SB 1108CHAPTERED BILL TEXT CHAPTER 434 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2012 APPROVED BY GOVERNOR SEPTEMBER 21, 2012 PASSED THE SENATE AUGUST 22, 2012 PASSED THE ASSEMBLY AUGUST 21, 2012 AMENDED IN ASSEMBLY JULY 5, 2012 AMENDED IN SENATE MAY 25, 2012 AMENDED IN SENATE APRIL 19, 2012 AMENDED IN SENATE MARCH 29, 2012 INTRODUCED BY Senator Padilla (Coauthor: Assembly Member Norby) FEBRUARY 17, 2012 An act to add Section 313.5 to the Education Code, relating to English learners. LEGISLATIVE COUNSEL'S DIGEST SB 1108, Padilla. English learners: reclassification. Existing law requires each school district that has one or more pupils who are English learners, and to the extent required by federal law, a county office of education and a charter school, to assess the English language development of each of those pupils in order to determine their level of proficiency. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires the Superintendent of Public Instruction to apportion funds appropriated for purposes of assessing the English language development of pupils whose primary language is a language other than English to enable school districts to use the California English language development test to identify pupils who are limited English proficient, determine the level of English language proficiency of those pupils, and to assess the progress of those pupils in acquiring the skills of listening, reading, speaking, and writing in English. This bill would require the department, by January 1, 2014, to review and analyze the criteria, policies, and practices that a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state use to reclassify English learners and recommend to the Legislature and state board any guideline, regulatory, or statutory changes that the department determines are necessary to identify when English learners are prepared for the successful transition to classrooms and curricula that require English proficiency. The bill would require the department, by January 1, 2014, to issue a report on its findings, research, analysis, recommendations, and best practices, and by January 1, 2017, to issue an updated report that reflects any changes in analysis and recommendations as a result of the adoption by the state board of the common core standards and related English language development standards. The bill would make implementation of these provisions contingent on an appropriation of federal or state funds or on the availability of private funding. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 313.5 is added to the Education Code, to read: 313.5. (a) By January 1, 2014, the department shall review and analyze the criteria, policies, and practices that a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state use to reclassify English learners, and recommend to the Legislature and state board any guideline, regulatory, or statutory changes that the department determines are necessary to identify when English learners are prepared for the successful transition to classrooms and curricula that require English proficiency. (b) For purposes of completing the review and analysis required pursuant to subdivision (a), the department shall consult with parents of English learners, experts with demonstrated experience in developing and administering assessments for English learners, classroom or resource teachers, or both, school district administrators with expertise in curriculum, instruction, assessment, and accountability, and researchers possessing expertise in the education of English learners. (c) The group of experts described in subdivision (b) shall develop a study design that may include a sampling methodology for purposes of selecting the school districts that will be part of the review and analysis to identify best practices pursuant to subdivision (a). (d) For purposes of completing the review and analysis required pursuant to subdivision (a), the department shall examine and report on the following: (1) The practices and standards used by a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state to meet the four reclassification criteria specified in subdivision (f) of Section 313. (2) The extent to which school districts are following the guidelines established by the state board. (3) The range of reclassification criteria developed by school districts. (e) As part of the examination required pursuant to subdivision (d), the department shall analyze the following: (1) English language proficiency and academic performance data. (2) The relationship of the reclassification criteria to reclassification rates. (3) The academic performance of pupils after reclassification as English proficient. (4) The relationship of the reclassification criteria to the academic performance of pupils after reclassification. (f) In its report, the department also shall identify any other pupil outcome measures that indicate an English learner is prepared to successfully transition to a classroom and curricula that require English proficiency. (g) By January 1, 2014, the department shall issue a report that includes the department's findings, research, analysis, recommendations, and best practices pursuant to subdivisions (a), (d), (e,) and (f). (h) By January 1, 2017, the department shall issue an updated report that reflects any changes in analysis and recommendations as a result of the adoption by the state board of the common core standards pursuant to Section 60605.8 and the English language development standards adopted pursuant to Section 60811.3. (i) This section shall be implemented only if state or federal funds are appropriated as necessary to fully fund this purpose or if private funds are made available as necessary to fully fund this purpose.