California Senate Bill SB542 Latest Draft

 BILL NUMBER: SB 542AMENDED BILL TEXT AMENDED IN SENATE APRIL 1, 2013 INTRODUCED BY Senator Wyland FEBRUARY 22, 2013 An act to amend Section  52164.1   313  of the Education Code, relating to pupil instruction. LEGISLATIVE COUNSEL'S DIGEST SB 542, as amended, Wyland.  Pupil instruction: census of pupils of limited English proficiency.   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 annual assessments to continue until a pupil is redesignated as English proficient and requires the assessment to utilize primarily the English language development test identified or developed by the Superintendent of Public Instruction pursuant to specified provisions.   The Leroy Greene California Assessment of Academic Achievement Act requires school districts, charter schools, and county offices of education to administer to each of their pupils in grades 2 to 11, inclusive, certain achievement tests, including the standards-based achievement tests that are part of the Standardized Testing and Reporting (STAR) Program.   This bill would require that a pupil in any of grades 3 to 11, inclusive, be eligible to be reclassified as fluent English proficient if the pupil attains the proficient level of performance on the English language arts STAR test, a score of intermediate or above on all portions of the California English Language Development Test, and a 3.0 grade point average at the end of the school year, and, upon attainment of these requirements, would require the pupil to be reclassified as fluent English proficient upon verified approval submitted by the pupil's parent or legal guardian. To the extent this bill would require local educational agencies to perform additional duties regarding the reclassification of English learners, the bill would impose a state-mandated local program.   The bill would authorize a school district to continue to receive state funding designated for its English learners for up to 2 years after the pupil has been reclassified as fluent English proficient, and would state the intent of the Legislature that the school district use the funding for the purpose of monitoring pupils who have been reclassified as fluent English proficient for up to 2 years. The bill also would correct some cross-references.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.   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   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 313 of the   Education Code   is amended to read:  313. (a) Each school district that has one or more pupils who are English learners and, to the extent required by federal law, each county office of education and each charter school shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter. (b) The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient. (c) Commencing with the 2000-01 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and  annually,   annually  thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is  redesignated   reclassified  as English proficient. The assessment shall primarily utilize the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.  (1) (A) A pupil in any of grades 3 to 11, inclusive, shall be eligible to be reclassified as fluent English proficient if the pupil attains all of the following:   (i) The proficient level of performance on the English language arts test administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4 of Title 2.   (ii) The score of intermediate or above on all portions of the California English Language Development Test.   (iii) A 3.0 grade point average at the end of the school year.   (B) Upon attaining the requirements of subparagraph (A), a pupil shall be reclassified as fluent English proficient upon verified approval submitted by the pupil's parent or legal guardian.   (2) (A) A school district may continue to receive state funding designated for its English learners for up to two years after the pupil has been reclassified as fluent English proficient.   (B) It is the intent of the Legislature that the school district use the funding pursuant to this paragraph for the purpose of monitoring pupils who have been reclassified as fluent English proficient for up to two years.  (d) (1) This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 2013-14 school year, whichever occurs later. (2) The assessment shall be conducted annually during a period that commences on the day upon which 55 percent of the instructional year is completed through July 1 of that calendar year. Annual assessments shall continue until the pupil is  redesignated   reclassified  as English proficient. The annual assessment shall primarily utilize the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2. (3) The assessment shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner. (A) If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph  (1),   (2),  the prior year's annual assessment for the grade in which the pupil is enrolling shall be used for this purpose. (B) If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph  (1),   (2),  the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph  (1).   (2).  (4) Notwithstanding paragraph  (1),   (2),  a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year. (e) The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations. (f) The reclassification procedures developed by the department shall utilize multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following: (1) Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810. (2) Teacher evaluation, including, but not limited to, a review of the pupil's curriculum mastery. (3) Parental opinion and consultation. (4) Comparison of the performance of the pupil in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English. (g) This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.  SEC. 2.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.   SECTION 1.   Section 52164.1 of the Education Code is amended to read: 52164.1. The Superintendent, with the approval of the 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 a pupil shall be determined 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 when a pupil enrolls in the school district, shall determine whether a pupil is fluent in English or is a pupil of limited English proficiency. (c) (1) For 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. (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. The diagnostic assessment shall be updated as necessary to provide a curriculum meeting the individual needs of each pupil of limited English proficiency. (3) If the assessment conducted pursuant to this subdivision indicates that the pupil does not have proficiency in 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 does not have proficiency in his or her primary language, then the pupil is not entitled to the protection of this article. (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. (5) The parent or guardian of the pupil shall be notified of the results of the assessment. The department shall conduct an equivalency study of all language proficiency tests designated for the identification of pupils of limited English proficiency to ensure uniformity of language classifications and the reliability and validity of 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. (6) The department shall annually evaluate the adequacy of and designate the instruments to be used by school districts, and the instruments shall be available by March 15 of each year. (7) The assessments shall be conducted by a person who speaks and understands English and the primary language of the pupil assessed, who is adequately trained and prepared to evaluate cultural and ethnic factors, and who follows procedures formulated by the Superintendent to determine which pupils are pupils of limited English proficiency, as defined in subdivision (m) of Section 52163. A school district may require the assessment to be conducted by a person who holds a valid California teaching credential and who meets the other qualifications specified in this paragraph. The Superintendent may waive the requirement that the assessment be conducted by 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 person to administer the assessment. (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 the procedures are consistent with Section 52164, the school district shall be exempt from the state census procedures described in subdivisions (a) and (b).