California Assembly Bill AB2785 Amended / Bill

 BILL NUMBER: AB 2785AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 17, 2016 INTRODUCED BY Assembly Member O'Donnell FEBRUARY 19, 2016 An act  to amend Sections 430, 435, and 444 of, and to add Section 447 to, the Education Code,  relating to  teachers.   English language acquisition.  LEGISLATIVE COUNSEL'S DIGEST AB 2785, as amended, O'Donnell.  Teachers.   English language acquisition: the federal Every Student Succeeds Act.   Existing law declares the intent of the Legislature to amend provisions of the Education Code related to ensuring that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core curriculum areas of instruction to the extent that the federal No Child Left Behind Act of 2001 is amended.   This bill would require the Department of Education to review these Education Code provisions for conformity with the federal Every Student Succeeds Act, which amended the No Child Left Behind Act of 2001, and to report any necessary conforming changes to the Legislature.   This bill would also update obsolete references to the federal No Child Left Behind Act of 2001.   Existing law requires the governing board of a school district to fix and prescribe the duties to be performed by all persons in public school service in the school district.   This bill would state the intent of the Legislature to enact legislation relating to teachers.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 430 of the   Education Code   is amended to read:  430. (a) This chapter shall be known, and may be cited, as the English Learner and Immigrant Pupil Federal Conformity Act. (b) The purpose of this chapter is to ensure that instructional services are provided to pupils with limited English proficiency in conformity with federal requirements that are designed to ensure that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core curriculum areas of instruction. (c) This chapter is intended to be declaratory of Title III of the federal  No Child Left Behind Act of 2001   Every Student Succeeds Act  (20 U.S.C. Sec. 6301 et seq.) and is intended to assist local educational agencies in understanding the requirements and funding formulas to provide allowable services. It is the intent of the Legislature that, to the extent federal law is amended, this chapter will be amended to conform to those changes. (d) The requirements of this chapter apply only to local educational agencies that receive federal funds pursuant to Title III of the federal  No Child Left Behind Act of 2001.   Every Student Succeeds Act.   SEC. 2.   Section 435 of the   Education Code   is amended to read:  435. For purposes of this chapter, the following terms have the following meanings: (a) "English learner" or "pupil of limited English proficiency" means a pupil who was not born in the United States or whose native language is a language other than English or who comes from an environment where a language other than English is dominant; and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the state's proficient level of achievement on state assessments, the ability to successfully achieve in classrooms where the language of instruction is English, or the opportunity to participate fully in society. (b) "Immigrant pupil" means a pupil who was born in a country other than the United States and who has attended a kindergarten class or any of grades 1 to 12, inclusive, in a school in the United States for three or fewer years. (c) "Federal  No Child Left Behind Act of 2001"   Every Student Succeeds Act"  means Public Law Number  107-110   114-   95  (20 U.S.C. Sec.  6801,   6301,  et seq.).  SEC. 3.   Section 444 of the   Education Code   is amended to read:  444. In accordance with Section 6826 (c) of Title 20 of the United States Code, a local educational agency that receives a federal subgrant pursuant to Sections 6801 and following of Title 20 of the United States Code shall include in its plan a certification that all teachers in any language instruction education program for limited-English-proficient pupils that is, or will be, funded under Part A of Title III of the federal  No Child Left Behind Act of 2001   Every Student Succeeds Act  are fluent in English and any other language used for instruction, including having written and oral communication skills.  SEC. 4.   Section 447 is added to the   Education Code   , to read:   447. On or before January 1, 2018, the department shall review this chapter for conformity with the federal Every Student Succeeds Act, and shall report any necessary conforming changes to the Legislature pursuant to Section 9795 of the Government Code.   SECTION 1.   It is the intent of the Legislature to enact legislation relating to teachers.