California Legislature—2015–16 Regular Session

Assembly Bill No. 491

Introduced by Assembly Member Gonzalez

February 23, 2015

An act to amend Section 313.5 of the Education Code, relating to English learners.

LEGISLATIVE COUNSEL’S DIGEST

AB 491, as introduced, Gonzalez. English learners: proficiency assessment: report.

Existing law required the State Department of Education, 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 of Education 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. Existing law required the department to issue, by January 1, 2014, a report that includes specified findings, research, analysis, recommendations, and best practices.

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 313.5 of the Education Code is amended
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), begin delete (e,) end delete begin insert (e), end insert 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 begin insert former end insert Section begin delete 60811.3 end delete
begin insert 60811.3, as that section read on June 30, 2013 end insert .

(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.