California Senate Bill SB542 Introduced / Bill

 BILL NUMBER: SB 542INTRODUCED BILL TEXT INTRODUCED BY Senator Wyland FEBRUARY 22, 2013 An act to amend Section 52164.1 of the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGEST SB 542, as introduced, Wyland. Pupil instruction: census of pupils of limited English proficiency. Existing law requires each school district to ascertain the total number of pupils of limited English proficiency within the school district, and requires the Superintendent of Public Instruction, with the approval of the State Board of Education, to prescribe census-taking methods that include, among other things, an assessment of the language skills of each pupil enrolled in the school district. This bill would make nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 52164.1 of the Education Code is amended to read: 52164.1. The  superintendent   Superintendent  , with the approval of the  State Board of Education   state board  , shall prescribe census-taking methods, applicable to all school districts in the state, which shall include, but need not be limited to, the following: (a) A determination of the primary language of each pupil enrolled in the school district. The primary language of  new pupils   a pupil  shall be determined  as they enroll   when the pupil enrolls  . Once determined, the primary language need not be redetermined unless the  pupil' s  parent or guardian claims there is an error. Home language determinations are required only once, unless the results are disputed by a parent or guardian. (b) An assessment of the language skills of all pupils whose primary language is other than English. All the skills listed in subdivision (m) of Section 52163 shall be assessed, except that reading and writing skills need not be assessed for pupils in kindergarten and grades 1 and 2. For those pupils who, on the basis of oral language proficiency alone, are clearly limited English proficient, assessment of reading and writing skills shall be necessary only to the extent required by subdivision (c). This assessment, which shall be made  as   pupils enroll   when a pupil enrolls  in the  school  district, shall determine whether  such pupils are   a pupil is  fluent in English or  are   is a pupil  of limited English proficiency. (c)  (1)    For  those pupils   a pupil  identified as being of limited English proficiency, a further assessment shall be made to determine the pupil's primary language proficiency, including speaking, comprehension, reading, and writing, to the extent assessment instruments are available. Parallel forms of the instruments used to determine English proficiency shall be used, if available. The results of the parallel assessment shall determine the extent and sequence in which English and the primary language will be used in the instruction of basic skills.  (A)   (2)     A  diagnostic assessment in the language designated for basic skills instruction measuring speaking, comprehension, reading, and writing, shall be administered for instructional use at the  school  district level.  Such   The  diagnostic assessment shall be updated as necessary to provide a curriculum meeting the individual needs of each pupil of limited English proficiency.  If   (3)     If  the assessment conducted pursuant to this subdivision indicates that the pupil  has no   does not have  proficiency in  the   his or her  primary language, further assessment of the pupil's primary language skills ,  including consultation with the pupil's parents or guardians, the classroom teacher, the pupil, or others who are familiar with the pupil's language ability in various environments  ,  shall be conducted. If this detailed assessment indicates that the pupil  has no   does not have  proficiency in his or her primary language, then the pupil is not entitled to the protection of this article.  The   (4)     The  diagnostic assessment process shall be completed within 90 days after the date of the pupil' s initial enrollment  ,  and shall be performed in accordance with rules and regulations adopted by the  state  board.  The   (5)     The  parent or guardian of the pupil shall be notified of the results of the assessment. The  Department of Education   department  shall conduct an equivalency study of all language proficiency tests designated for the identification of pupils of limited English proficiency to  insure   ensure  uniformity of language classifications and  to insure  the reliability and validity of  such   the  tests. Tests, materials, and procedures to determine proficiency shall be selected to meet psychometric standards and  shall be  administered so as not to be racially, culturally, or sexually discriminatory.  The Department of Education   (6)     The department  shall annually evaluate the adequacy of and designate the instruments to be used by school districts, and  such   the  instruments shall be available by March 15 of each year.  The assessments   (7)     The assessments  shall be conducted by  persons   a person  who  speak   speaks  and  understand   understands  English and the primary language of the  pupils   pupil  assessed, who are   is  adequately trained and prepared to evaluate cultural and ethnic factors, and who  shall follow   follows  procedures formulated by the  superintendent   Superintendent  to determine which pupils are pupils of limited English proficiency, as defined in subdivision (m) of Section 52163. A school district may require  that  the assessment  to  be conducted by  persons   a person  who  hold   holds  a valid  , regular  California teaching credential and who  meet   meets  the other qualifications specified in this paragraph. The  superintendent   Superintendent  may waive the requirement that the assessment be conducted by  persons   a person  who can speak and understand the pupil's primary language where the primary language is spoken by a small number of pupils  ,  and the  school  district certifies that it is unable to comply. This certification shall be accompanied by a statement from the  school  district superintendent that the chairperson of the  school  district advisory committee on bilingual education has been consulted and was unable to assist in the effort to locate  an  appropriate  individuals   person  to administer the assessment.  Any   (8)     A school  district may elect to follow federal census requirements provided that the language skills described in subdivision (m) of Section 52163 are assessed, and provided that  such   the  procedures are consistent with Section 52164, the  school  district shall be exempt from the state census procedures described in subdivisions (a) and (b).