BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 491 (Gonzalez) - English learners: identification: notice ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 23, 2016 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill expands parental notification requirements relative to long-term English learners; requires the California Department of Education (CDE) to develop a sample notification letter disclosing the use of the results of the home language survey which determines the primary language of a student upon enrollment; and requires districts to provide the letter to parents at the time the home language survey is provided. Fiscal Impact: The CDE estimates one-time costs of $32,000 General Fund to develop a sample notification letter. State reimbursable mandate costs potentially in the hundreds AB 491 (Gonzalez) Page 1 of ? of thousands for school districts to provide the notification letter to parents or guardians of a student when the home language survey is provided, and to expand the information to be included in the parent notice of assessment of his or her child's English language proficiency. See staff comments. (Proposition 98) Potential significant cost pressure to create an assessment to measure a child's proficiency in his or her primary language. To the extent the intent of this bill is to require such an assessment, administrative costs to the CDE would be about $308,000 General Fund for two additional positions to contract out for the development of the new assessment would cost around $21.5 million over multiple years (Proposition 98 funds). Actual costs would likely change from this estimate once a contractor is chosen and assessment development activities get underway. Additional costs would be incurred by local educational agencies to administer the assessment. See staff comments. Background: Existing law requires the determination of a student's primary language upon enrollment and assessment of the language skills of all students whose primary language is other than English. (Education Code § 52164.1) Federal law requires a school district that receives federal funds for providing a language instruction education program for limited English proficient students to provide notice to a parent within 30 days of the start of the school year of specified information if their child has been identified for participation in the program. In addition, state law requires that, in conformance with these provisions, the notice include specified information. (Title 20, § 7012, USC) Both federal and state law require that each school district with English language learners annually assess these students' English language development until they are redesignated as English proficient. (EC § 313) This bill is intended to respond to concerns that the current home language survey process "misidentifies" students as English learners and makes it difficult to correct any "misidentifications". According to the CDE, pending regulations AB 491 (Gonzalez) Page 2 of ? create a corrective action process that, if adopted, would allow for a change in a child's English learner identification. Also, according to the author, no information is currently provided in the parental notification of a student's English proficiency regarding students who are long-term English learners or at risk of becoming one. Proposed Law: This bill requires that in addition to the information already required to be included in the notice of assessment of a child's English proficiency, a public school is also required to include: Whether the child is, or is at-risk of becoming, a long-term English learner. The manner in which the program for English language development instruction will meet the educational strengths and needs of those at risk of becoming, or those who are, long-term English learners and the manner in which the program will help them develop English proficiency and meet age-appropriate academic standards. This bill also requires the CDE to make a sample notification letter available to public schools that is required to be provided with the home language survey used to determine the primary language of the student at the time of enrollment. The notification letter must explain the purpose of the home language survey and the procedures for identification and reclassification of English learners. The notification must include, but is not limited to, the following statements: "If a language other than English is noted on your child's home language survey, the law requires us to test your child's English and primary language proficiency." AB 491 (Gonzalez) Page 3 of ? "If there is a mistake in completing the home language survey, you may dispute the school district's determination of your child's primary language and ask the school district to redetermine your child's primary language. (Education Code Section 52164.1.)" "Once your child's English and primary language proficiency is tested and your child is identified as an English learner, changing the home language survey will not change your child's identification as an English learner." Staff Comments: This bill requires the CDE to include certain statements on the sample notification letter to parents. Two statements assert that existing law requires the local educational agencies to test a child's primary language proficiency if a language other than English is noted on the home language survey. However, existing law only applies to testing a child's proficiency in English, not in their primary language. It is unclear whether it is the intent of this bill is to require additional testing in the child's primary language. If this is the case, significant costs would be required to contract out for the development of such assessment and administer the assessment at the state and local level. This bill makes modifications to the required contents of the parent notice of assessment of his or her child's English language proficiency. It requires greater specificity by requiring information on how long-term English learners or those at risk of becoming long-term English learners, in particular, will benefit from the program for English language development instruction. This requirement may be deemed consistent within the existing structure of federal law. However, this bill also requires that the notification include information on whether the child is a long-term English learner or at risk of becoming one. This requirement may be deemed a state reimbursable mandate as it does not appear to be a federal requirement, resulting in likely minor state reimbursable costs. This notice would go out to all parents of roughly 1.4 million designated English learner students in the state. AB 491 (Gonzalez) Page 4 of ? This bill also requires each school district to provide the notification letter developed by the CDE to the parents or guardians of a student at the time the home language survey is provided. This notice would go out to all parents of roughly 6 million public school students in the state. Based on uniform costs developed by the Commission on State Mandates for the existing annual parent notification mandate, potential reimbursable costs related to the parent notifications in this bill could reach around $600,000 statewide. -- END --