Amended in Assembly April 30, 2015

Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 amended, Gonzalez. English learners: proficiency assessment: reclassification.

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 bestbegin delete practices.end deletebegin insert practices, and requires the department, by January 1, 2017, to 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 and the English language development standards.end insert

This bill wouldbegin insert change the issue date of this initial report to January 1, 2019, and would delete the updated report requirement. The bill wouldend insert additionally require the department, by July 1,begin delete 2016,end deletebegin insert 2022,end insert to recommend, and the state board to adopt, the department’s recommendations and best practices pursuant to the department’s recommendations in the report referenced above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 313.5 of the Education Code is amended
2to read:

3

313.5.  

(a) By January 1, 2014, the department shall review
4and analyze the criteria, policies, and practices that a sampling of
5school districts that represent the geographic, socioeconomic, and
6demographic diversity of school districts in the state use to
7reclassify English learners, and recommend to the Legislature and
8state board any guideline, regulatory, or statutory changes that the
9department determines are necessary to identify when English
10learners are prepared for the successful transition to classrooms
11and curricula that require English proficiency.

12(b) For purposes of completing the review and analysis required
13pursuant to subdivision (a), the department shall consult with
14parents of English learners, experts with demonstrated experience
15in developing and administering assessments for English learners,
16classroom or resource teachers, or both, school district
17administrators with expertise in curriculum, instruction, assessment,
18and accountability, and researchers possessing expertise in the
19education of English learners.

20(c) The group of experts described in subdivision (b) shall
21develop a study design that may include a sampling methodology
22for purposes of selecting the school districts that will be part of
23the review and analysis to identify best practices pursuant to
24subdivision (a).

25(d) For purposes of completing the review and analysis required
26pursuant to subdivision (a), the department shall examine and
27report on the following:

P3    1(1) The practices and standards used by a sampling of school
2districts that represent the geographic, socioeconomic, and
3demographic diversity of school districts in the state to meet the
4four reclassification criteria specified in subdivision (f) of Section
5313.

6(2) The extent to which school districts are following the
7guidelines established by the state board.

8(3) The range of reclassification criteria developed by school
9districts.

10(e) As part of the examination required pursuant to subdivision
11(d), the department shall analyze the following:

12(1) English language proficiency and academic performance
13data.

14(2) The relationship of the reclassification criteria to
15reclassification rates.

16(3) The academic performance of pupils after reclassification
17as English proficient.

18(4) The relationship of the reclassification criteria to the
19academic performance of pupils after reclassification.

20(f) In its report, the department also shall identify any other
21pupil outcome measures that indicate an English learner is prepared
22to successfully transition to a classroom and curricula that require
23English proficiency.

24(g) By January 1,begin delete 2014,end deletebegin insert 2019,end insert the department shall issue a report
25that includes the department’s findings, research, analysis,
26recommendations, and best practices pursuant to subdivisions (a),
27(d), (e), and (f).

28(h) By July 1,begin delete 2016,end deletebegin insert 2022end insert the department shall recommend, and
29the state board shall adopt, the department’s recommendations and
30best practices pursuant to subdivisions (a), (d), (e), and (f), as
31reported pursuant to subdivision (g).

begin delete

32(i) By January 1, 2017, the department shall issue an updated
33report that reflects any changes in analysis and recommendations
34as a result of the adoption by the state board of the common core
35standards pursuant to Section 60605.8 and the English language
36development standards adopted pursuant to former Section
3760811.3, as that section read on June 30, 2013, or Section 60811.4.

end delete
begin delete

38(j)

end delete

39begin insert(end insertbegin inserti)end insert This section shall be implemented only if state or federal
40funds are appropriated as necessary to fully fund this purpose or
P4    1if private funds are made available as necessary to fully fund this
2purpose.



O

    96