Amended in Senate August 15, 2016

Amended in Senate June 23, 2016

Amended in Senate May 31, 2016

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 313.2 of, and to add Section 313.3 to, the Education Code, relating to English learners.

LEGISLATIVE COUNSEL’S DIGEST

AB 491, as amended, Gonzalez. English learners: identification: notice.

Existing law requires each school district to make a determination of the primary language of a pupil when the pupil enrolls in the school district and requires each parent or guardian of a pupil enrolled in a public school to receive notice of an assessment of a pupil’s English proficiency no later than 30 days after the start of the school year that includes, among other things, the reason for the pupil’s classification as an English learner.

This bill would require the notice of assessment of a child’s English proficiency to include specified additional information, including whether a child is a long-term English learner or is an English learner at risk of becoming a long-term Englishbegin delete learner.Theend deletebegin insert learner. Theend insert bill would require a school district to provide a notification letter to a pupil’s parent or guardian at the time a home language survey is provided that explains the purpose of the home language survey and the procedures for identification and reclassification of English learners. The bill would require the State Department of Education to make a sample notification letter available tobegin delete allend delete public schools.

Because the bill would impose additional requirements on local educational agencies, the bill would impose a state-mandated local program.

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.

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

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

P2    1

SECTION 1.  

Section 313.2 of the Education Code is amended
2to read:

3

313.2.  

(a) The department shall annually ascertain the number
4of pupils in each school district and school, including a school that
5is within the jurisdiction of a county office of education and a
6charter school, who are, or are at risk of becoming, long-term
7English learners, as those terms are defined in Section 313.1.

8(b) The department shall annually provide the information
9described in subdivision (a) to school districts and schools and
10post on the department’s Internet Web site the number of long-term
11English learners and English learners at risk of becoming long-term
12English learners in the state.

13(c) In addition to the information specified in subdivision (b)
14of Section 440, the notice of assessment of a child’s English
15proficiency shall also contain all of the following information:

16(1) Whether the child is a long-term English learner or English
17learner at risk of becoming a long-term English learner, as those
18terms are defined in Section 313.1.

P3    1(2) The manner in which the program for English language
2development instruction will meet the educational strengths and
3needs of long-term English learners or English learners at risk of
4becoming long-term English learners.

5(3) The manner in which the program for English language
6development instruction will help long-term English learners or
7English learners at risk of becoming long-term English learners
8develop English proficiency and meet age-appropriate academic
9standards.

10

SEC. 2.  

Section 313.3 is added to the Education Code, to read:

11

313.3.  

(a) The department shall make available to public
12schools a sample notification letter that shall be provided with the
13home language survey used to determine the primary language of
14the pupil at the time of enrollment in accordance with Section
1552164.1. The notification letter shall explain the purpose of the
16home language survey and the procedures for identification and
17reclassification of English learners.

18(b) The notification letter shall include, but is not limited to, all
19of the following statements:


21“If a language other than English is noted on your child’s home
22language survey, the law requires us to test your child’s English
23begin delete and primaryend delete language proficiency.”

24begin delete“If there is a mistake in completing the home language survey,
25youend delete
begin insert “Youend insert may dispute the school district’s determination of your
26child’s primary language and ask the school district to redetermine
27your child’s primary language. (Education Code Section 52164.1.)”

28“Once your child’s Englishbegin delete and primaryend delete language proficiency
29is tested and your child is identified as an English learner, changing
30the home language survey will not change your child’s
31identification as an English learner.”


33(c) A school district shall provide the notification letter to the
34begin delete parentsend deletebegin insert parentend insert orbegin delete guardiansend deletebegin insert guardianend insert of a pupil at the time the
35home language survey is provided.

36

SEC. 3.  

If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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