BILL ANALYSIS Ó
AB 491
Page 1
ASSEMBLY THIRD READING
AB
491 (Gonzalez)
As Amended April 30, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+----------------------+--------------------|
|Education |7-0 |O'Donnell, Chávez, | |
| | |Kim, McCarty, | |
| | |Santiago, Thurmond, | |
| | |Weber | |
| | | | |
|----------------+------+----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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AB 491
Page 2
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
2022. Specifically, this bill:
1)Requires the CDE, by January 1, 2019, to issue a report that
includes the department's findings, research, analysis,
recommendations, and best practices with regard to the
reclassification of English learners.
2)Requires, by July 1, 2022, the CDE to recommend, and the SBE to
adopt, the CDE's recommendations and best practices with regard
to the reclassification of English learners.
3)Repeals a requirement for a report required to be completed by
January 1, 2017, to 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:
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
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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)Requires the CDE, with the approval of the SBE, to establish
procedures for the reclassification of a student from English
learner to English proficient, and requires that the
reclassification procedures use multiple criteria in determining
whether to reclassify a student.
6)Establishes the California English Language Development Test
(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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, one-time General Fund contract costs to the CDE in the
range of $450,000 to $670,000 to complete reporting requirements,
likely through a contract. CDE states data from an initial report
can be used as a foundation for the report required by this bill.
Additionally, recent amendments remove a second reporting
requirement. These factors suggest costs will likely to be at the
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lower end of the estimated range.
COMMENTS:
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. 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.
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
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to form the basis for recommendations to the SBE regarding
reclassification. In 2014 the author of SB 1108 introduced a new
bill, also numbered SB 1108 (of the 2014 Regular Session), which
would have required the CDE to recommend, and the SBE to adopt,
best practices regarding reclassification. That bill died in the
Senate Appropriations Committee.
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:
1)Reclassified English learners not only outperform English
learners, but also often do as well as native English speakers
on measures of academic outcomes.
2)More than 90% of districts in the analysis use more demanding
criteria than are suggested by the SBE reclassification
guidelines.
3)Districts using more stringent reclassification criteria have
lower reclassification rates.
4)The use of stricter criteria was associated with better outcomes
for reclassified fluent-English-proficient 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
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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. 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
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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.
Analysis Prepared by:
Tanya Lieberman / ED. / (916) 319-2087 FN:
0000714