BILL ANALYSIS Ó
AB 491
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 491
(Gonzalez) - As Amended April 14, 2015
SUBJECT: English learners: reclassification
SUMMARY: Requires the California Department of Education (CDE)
to recommend, and the State Board of Education (SBE) to adopt,
best practices for the reclassification of English learners, by
July, 2016. Specifically, this bill:
1)Requires the CDE to recommend, and the SBE to adopt, best
practices for the reclassification of English learners, by
July, 2016, pursuant to the findings of the report on
reclassification procedures which was to be completed by
January 1, 2014.
2)Requires that a report required (by current law) to be
completed by January 1, 2017 address any changes in analysis
and recommendations on reclassification resulting from the
adoption of the Common Core standards in mathematics and the
Next Generation Science Standards.
EXISTING LAW:
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1)Requires the CDE, by January 1, 2014, to review and analyze
the criteria, policies, and practices used by a sampling of
school districts that represent the geographic, socioeconomic,
and demographic diversity of the state to reclassify English
learners, and recommend to the Legislature and SBE any
guideline, regulatory, or statutory changes that the CDE
determines are necessary to identify when English learners are
prepared for the successful transition to classrooms and
curricula that require English proficiency.
2)Requires, for purposes of completing that review, the CDE to
consult with various parties, and examine: practices of a
sampling of school districts, the extent to which current
requirements are being followed, and the range of
reclassification criteria developed by school districts.
3)Requires the CDE, by January 1, 2014, to issue a report that
includes the CDE's findings, research, analysis,
recommendations, and identified best practices.
4)Requires, by January 1, 2017, the CDE to issue an updated
report that reflects any changes in analysis and
recommendations as a result of the adoption by the SBE of the
Common Core standards in English language arts and the English
Language Development standards.
5)Defines "English learner" or "pupil of limited English
proficiency," and requires each school district to assess the
English language development of each of those students within
30 days of initial enrollment and annually thereafter to
assess until the students are redesignated as fluent English
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proficient.
6)Requires the CDE, with the approval of the SBE, to establish
procedures for the reclassification of a student from English
learner to English proficient.
7)Requires that the reclassification procedures developed by the
CDE use multiple criteria in determining whether to reclassify
a student, including, but not limited to, all of the
following:
a) Assessment of language proficiency using an objective
assessment instrument, including, but not limited to, the
California English Language Development Test (CELDT)
b) Teacher evaluation, including, but not limited to, a
review of the student's curriculum mastery
c) Parent opinion and consultation
d) Comparison of the performance of the student in basic
skills with those of his or her peers
1)Establishes the CELDT to identify students who are limited
English proficient, to determine the level of English
proficiency of students, and to assess the progress of English
learners in acquiring the skills of listening, speaking,
reading, and writing in English.
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2)Requires the CDE, by January 1, 2015, to recommend to the SBE
any modifications to the ELD standards to link them with the
Common Core mathematics standards and the Next Generation
Science Standards.
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. The author's office states, "According to
the Public Policy Institute of California, our K-12 public
schools serve about 1.4 million English Learners, representing
about 22 percent of the student body. The EL classification is
meant to be temporary, and those students who are reclassified
as Fluent English Proficient tend to be among the best
performing in the state.
The problem with reclassification is that school districts
across the state have different criteria; some have rigorous
reclassification standards and lower reclassification rates,
others have high reclassification rates and more lenient
standards. Many more fall in between. The same report also found
that 90% of all districts use a more demanding criteria than the
one suggested by the State Department of Education. It is now
time to come up with a new current standard for all districts in
California by using those policies that have proven to work the
best across school districts as examples.
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As shown in the PPIC report, the current reclassification
standards need guidance. AB 491 will provide a framework,
developed by the Department of Education, on what is the best
way to serve our English Learner population."
Concerns about the current reclassification system. In setting
policy regarding the reclassification of English learners, both
the state and school districts must strike a delicate balance in
order to avoid reclassifying students too early or too late. If
students are prematurely reclassified they may lose needed
instructional support and may be unprepared to succeed
academically. And if reclassification occurs too late,
students' academic options may be limited, depriving them of
important educational opportunities.
The reclassification system for English learners is set out in
statute and conducted under guidelines issued by the SBE which
specify four criteria for reclassification. These guidelines
are:
Scores at the early advanced or higher level overall on the
CELDT, and scores at intermediate or higher in listening and
speaking, reading, and writing
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Teacher evaluation using student's academic performance data
Parents are notified of their rights to provide input, and are
encouraged to participate in the reclassification process,
including through a face-to-face meeting.
Student scores in the range between the beginning of basic and
midpoint of basic on the English language arts (ELA)
California Standardized Test (CST), but each district may set
their own cut point in that range
There is considerable flexibility under statute and these
guidelines. Districts may adopt different thresholds on CELDT
and basic skills assessments, and may also adopt additional
measures. Two of these measures, while important, are also
open-ended in nature. As a result the reclassification process
varies by district.
In explaining the intent behind SB 1108 of the 2011-12 Session
(described below), the author stated, "Current law is not
limited to these four criteria and allows school districts to
create any amount of their own. This has led to inconsistency in
the reclassification system. Every school in California has
their own, unique criteria for reclassifying English Learners.
California cannot hold the English Learner system accountable
when every school is using different measurements of
accountability."
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SB 1108 history. SB 1108 (Padilla), Chapter 434, Statutes of
2012, required the CDE to undertake a review of the
reclassification system, contingent on funding being provided
for that purpose. No state funding was provided, and CDE could
not use federal funds for this purpose.
The CDE entered into a memorandum of understanding with the
Public Policy Institute of California (PPIC) which allowed the
CDE to share data from the California Longitudinal Pupil
Achievement Data System for the purpose of the required
analysis. The CDE intended that the report would assist in
meeting the requirements of SB 1108.
The PPIC issued that report in January, 2014, but the CDE
believes that it was not sufficient to meet the requirements of
SB 1108 or to form the basis for recommendations to the SBE
regarding reclassification. The CDE notes that while the report
provided important information, the PPIC did not collect or
analyze policies but instead surveyed districts about their
policies. They also did not convene a group of experts as
required by SB 1108. Because of the timing of the report, it
also could not take into account two factors affecting
reclassification: the transition to new Common Core aligned
assessments and the new English Language Proficiency Assessments
for California (ELPAC) which will be used beginning in 2017-18.
In 2014 the author of SB 1108 introduced a new bill, also
numbered SB 1108 (of the 2013-14 Session), which would have
required (as this bill does) the CDE to recommend, and the SBE
to adopt, best practices regarding reclassification. That bill
died in the Senate Appropriations Committee. This bill, AB 491,
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largely mirrors that the SB 1108 of last session.
PPIC report on reclassification. In January 2014, the PPIC
issued the report described above, Reclassification of English
Learners in California Schools. The report provided the first
longitudinal analysis of reclassification practices of
California schools, using data from 2007-08 through 2012-13
(excluding charter schools), and found that:
Reclassified English learners not only outperform
English learners, but also often do as well as native
English speakers on measures of academic outcomes
More than 90 percent of districts in the analysis use
more demanding criteria than are suggested by the SBE
reclassification guidelines
Districts using more stringent reclassification criteria
have lower reclassification rates. The study found that if
the average reclassification rate among districts using
Basic or higher (as suggested by the SBE guidelines) were
10 percent, districts that use Proficient or higher would
have reclassification rates of 7 percent - a 30 percent
reduction in the number of students reclassified in
districts using the more rigorous criterion.
The use of stricter criteria was associated with better
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outcomes for RFEP students on standardized tests in sixth
grade and 8th grade, more on-time progression in 8th grade,
but for students reclassified in 9th grade a reduced
likelihood of graduating from high school.
The report also noted that two major changes in education pose
new questions for the reclassification of English learners: the
Common Core State Standards and the Local Control Funding
Formula. The first will require reclassification criteria to be
reset with reference to the new Common Core aligned assessment.
The Local Control Funding Formula "may reduce districts'
incentives to reclassify students," as it does not provide a
funding adjustment for reclassified students (though the report
noted that many reclassified students are also from low income
families and so would continue to generate an adjustment).
The report recommended the adoption of one statewide standard
for reclassifying students based on the assessments and levels
recommended in the guidelines provided by the SBE. It noted that
in most cases this would mean a lowering of the standards which
districts are currently using.
Reclassification criteria in flux as districts transition to new
test data. Changes to the state's assessment system are
resulting in changes to two of the criteria required to be used
in reclassification.
The state has not produced statewide assessment data for two
years while the transition to Common Core aligned assessments is
taking place. This set of data represents the fourth criteria
required to be used in reclassification. The CDE has advised
districts that current law allows the use of "locally available
assessment results," and has provided examples of acceptable
assessment data districts could use in the reclassification
process.
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In addition, the first criterion for reclassification is also
undergoing transition. Starting in 2017-18, the state will
begin using a new Common Core aligned measure of English
proficiency to replace the CELDT - the English Language
Proficiency Assessments for California (ELPAC).
State still needs data for policy decisions around
reclassification. There are important policy questions to be
answered by the analysis required by SB 1108, with implications
for the educational success of many students. The assessments
set to be implemented this year and in 2017-18 will have a
significant impact on reclassification criteria, so it would
appear that the time is right to plan for a new analysis of the
system.
Both the author and the CDE agree that the PPIC report's
findings are an insufficient basis for recommendations to the
SBE on changes to the reclassification system, as proposed by
this bill. The author intends that the CDE conduct the analysis
required by SB 1108 before making such recommendations. Staff
recommends that the bill be amended to:
1) change the date of the first report required in current law
to January 1, 2019, which will allow for analysis of one full
year of data from the ELPAC
2) delete the requirement in current law for a second report
3) change the date (proposed by this bill) by which
recommendations would be made to the SBE to January 1, 2022.
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What form will changes to the system take? SB 1108 provides
significant flexibility for the form of a statewide policy on
reclassification, directing the CDE to recommend any guideline,
regulatory, or statutory changes" necessary to make needed
changes to the reclassification system. The author's intent is
that the state establish a statewide standard for
reclassification, but the Committee may wish to consider that by
leaving the mechanism unspecified, changes to the system could
range from voluntary (guidelines) to mandatory (statute,
regulations) in nature.
The role of the Legislature. By requiring the SBE to adopt
recommendations from the CDE by 2022 (under the amendments
described above), this bill sets a deadline for changes to the
reclassification system. Several years prior to the adoption of
these changes, the CDE must report its recommendations to the
Legislature. Clearly, any recommendations that require
statutory change would require action by the Legislature. But
absent such action, the SBE would have the authority to adopt
recommendations from the CDE (within the requirements of current
law). The Committee may wish to consider whether this bill
provides sufficient opportunity for Legislative input in changes
to the reclassification system.
Related legislation. SB 409 (De Leon) of this Session would
require the CDE, by January 1, 2017, to contract with an outside
research organization to conduct the analysis required by SB
1108, and add to it an analysis of the criteria, policies, and
practices school districts use to meet the state priorities
identified in their local control and accountability plans
(LCAPs). The bill would require the CDE to identify any student
outcome measures related to meeting the state priorities in the
LCAPs related to the education of English learners, and require
the CDE to recommend policy changes to the Legislature.
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REGISTERED SUPPORT / OPPOSITION:
Support
San Diego Unified School District
Opposition
None on file
Analysis Prepared by:Tanya Lieberman / ED. / (916) 319-2087