BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 491 (Gonzalez) - English learners:  identification:  notice
          
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          |Version: June 23, 2016          |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Jillian Kissee      |
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          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  







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            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  








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          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."









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           "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.








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          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.




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