California Senate Bill SB750 Introduced / Bill

 BILL NUMBER: SB 750INTRODUCED BILL TEXT INTRODUCED BY Senator Mendoza FEBRUARY 27, 2015 An act to amend Sections 313.1, 313.2, and 51461 of the Education Code, relating to English language education. LEGISLATIVE COUNSEL'S DIGEST SB 750, as introduced, Mendoza. English language education: English learners: State Seal of Biliteracy. (1) 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 the pupil's 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 defines "long-term English learner" as an English learner who is enrolled in any of grades 6 to 12, inclusive, has been enrolled in schools in the United States for more than 6 years, has remained at the same English language proficiency level for 2 or more consecutive years as determined by a specified English language development test, or any successor test, and scores far below basic or below basic on a certain English language arts standards-based achievement test, or any successor test. This bill would revise that definition to instead include an English learner who has been enrolled in schools in the United States for 6 years or more, has remained at the same English language proficiency level for 2 or more consecutive years as determined by the specified English language development test, or any successor test, or has regressed to a lower English language proficiency level, and scores far below basic or below basic on the specified English language arts standards-based achievement test, or an equivalent score on any successor test. (2) Existing law defines an "English learner at risk of becoming a long-term English learner" as an English learner who is enrolled in any of grades 5 to 11, inclusive, in schools in the United States for 4 years, scores at the intermediate level or below on the specified English language development test, or any successor test, and scores in the fourth year at the below basic or far below basic level on a certain English language arts standards-based achievement test, or any successor test. This bill would revise that definition to instead include an English learner who is enrolled in any of grades 3 to 12, inclusive, in schools in the United States for 4 to 5 years, scores at the intermediate level or below on the specified English language development test, or any successor test, and scores in the fourth or fifth year at the below basic or far below basic level on the specified English language arts standards-based achievement test administered, or an equivalent score on any successor test. (3) Existing law requires the department to annually ascertain and provide to school districts and schools the number of pupils in each school district and school, as specified, who are, or are at risk of becoming, long-term English learners. This bill would also require the department to post the number of long-term English learners and English learners at risk of becoming long-term English learners in the state. (4) Existing law requires the Superintendent of Public Instruction to award a State Seal of Biliteracy. Existing law provides that the State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets specified criteria, including, but not limited to, passing the California Standards Test in English language arts administered in grade 11 at the proficient level or above. This bill would require the Superintendent, in the event that scores of the California Standards Test in English language arts or any successor test are not made available, to designate alternate equivalent criteria for eligibility for the State Seal of Biliteracy, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 313.1 of the Education Code is amended to read: 313.1. For purposes of this article, the following terms have the following meanings: (a) "Long-term English learner" means an English learner who is enrolled in any of grades 6 to 12, inclusive, has been enrolled in schools in the United States for  more than six years,   six years or more,  has remained at the same English language proficiency level for two or more consecutive years as determined by the English language development test identified or developed pursuant to Section 60810, or any successor test,  or has regressed   to a lower English language proficiency level,  and scores far below basic or below basic on the English language arts standards-based achievement test administered pursuant to Section 60640, or  an equivalent score on  any successor test. (b) "English learner at risk of becoming a long-term English learner" means an English learner who is enrolled in any of grades  5 to 11,   3 to 12,  inclusive, in schools in the United States for four  to five  years, scores at the intermediate level or below on the English language development test identified or developed pursuant to Section 60810, or any successor test, and scores in the fourth  or fifth  year at the below basic or far below basic level on the English language arts standards-based achievement test administered pursuant to Section 60640, or  an equivalent score on  any successor test. SEC. 2. Section 313.2 of the Education Code is amended to read: 313.2. (a) The department shall annually ascertain the number of pupils in each school district and school, including a school that is within the jurisdiction of a county office of education and a charter school, who are, or are at risk of becoming, long-term English learners, as those terms are defined in Section 313.1. (b) The department shall annually provide the information described in subdivision (a) to school districts and  schools.   schools and post the number of long-term English learners and English learners at risk of becoming long-term English learners in the state.  SEC. 3. Section 51461 of the Education Code is amended to read: 51461. (a) The State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets all of the following criteria: (1) Completion of all English language arts requirements for graduation with an overall grade point average of 2.0 or above in those classes. (2)  (A)    Passing the California Standards Test in English language arts administered in grade 11 at the proficient level or above.  (B) In the event that scores of the California Standards Test in English language arts or any successor test are not made available, the Superintendent shall designate alternate equivalent criteria for eligibility for the State Seal of Biliteracy. This criteria shall be used only for the duration of the unavailability of these assessment scores.  (3) Proficiency in one or more languages other than English, demonstrated through one of the following methods: (A) Passing a foreign language Advanced Placement examination with a score of 3 or higher or an International Baccalaureate examination with a score of 4 or higher. (B) Successful completion of a four-year high school course of study in a foreign language, and attaining an overall grade point average of 3.0 or above in that course of study. (C) If no Advanced Placement examination or off-the-shelf language test exists and the school district can certify to the Superintendent that the test meets the rigor of a four-year high school course of study in that foreign language, passing a school district language examination that, at a minimum, assesses speaking, reading, and writing in a language other than English at the proficient level or higher. If a school district offers a language examination in a language in which an Advanced Placement examination or off-the-shelf language test exists, the school district language examination shall be approved by the Superintendent for the purpose of determining proficiency in a language other than English. (D) Passing the SAT II foreign language examination with a score of 600 or higher. (b) If the primary language of a pupil in any of grades 9 to 12, inclusive, is other than English, he or she shall do both of the following in order to qualify for the State Seal of Biliteracy: (1) Attain the early advanced proficiency level on the English language development test. For purposes of this paragraph, a participating school district may administer the English language development test an additional time as necessary. (2) Meet the requirements of subdivision (a). (c) For languages in which an Advanced Placement test is not available, the Superintendent may provide a listing of equivalent summative tests that school districts may use in place of an Advanced Placement test for purposes of subparagraph (A) of paragraph (3) of subdivision (a). A school district may provide the Superintendent with a list of equivalent summative tests that the district uses in place of an Advanced Placement test for purposes of subparagraph (A) of paragraph (3) of subdivision (a). The Superintendent may use lists received from school districts in developing his or her list of equivalent summative tests. (d) For purposes of this article, "foreign language" means a language other than English, and includes American Sign Language.