BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 491|
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                                   THIRD READING 


          Bill No:  AB 491
          Author:   Gonzalez (D) 
          Amended:  8/19/16 in Senate
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 6/15/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  80-0, 6/1/15 - See last page for vote

           SUBJECT:   English learners:  identification:  notice


          SOURCE:    Author


          DIGEST:  This bill expands parental notification requirements  
          relative to long-term English learners (EL), requires the  
          California Department of Education (CDE) to develop a sample  
          notification letter disclosing the use of the results of the  
          home language survey used to determine 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. 


          Senate Floor Amendments of 8/19/16 delete reference to an  
          outdated Education Code section. 


          ANALYSIS:  








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          Existing federal law requires that 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, that  
          the notice include specified information.  (Title 20, § 7012,  
          USC)


          Existing state law:


          1)Defines a long-term EL and a student at risk of becoming a  
            long-term English learner.  (Education Code § 313.1)


          2)Requires that the CDE annually ascertain and report the number  
            of students who are, or are at risk of becoming, long-term  
            English learners and to provide this information to districts  
            and schools.  (EC § 313.2)


          3)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.  (EC §  
            52164.1)


          4)Requires, under federal and state law, 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:

          1)Expands parental notification requirements regarding the  
            assessment of a student's English language proficiency to  
            additionally contain the following information: 








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             a)   Whether the child is a long-term EL or at risk of  
               becoming a long-term EL.

             b)   The manner in which the English language development  
               instruction will:

               i)     Meet the long-term EL or at risk of becoming a  
                 long-term EL educational strengths and needs.
               ii)    Help the EL or at risk of becoming a long-term EL  
                 develop English proficiency and meet age-appropriate  
                 academic standards.

          2)Requires the CDE to develop and make available a sample  
            notification letter explaining the purposes of the home  
            language survey letter and the procedures for identification  
            and reclassification of ELs.  Additionally, it:

             a)   Requires that the notification letter include specified  
               statements advising parents how they can dispute the  
               school's determination.

             b)   Requires that districts provide the notification letter  
               to the parent/guardian at the same time the home language  
               survey is provided. 


          Comments
            
          1)Need for the bill.  According to the author, while federal law  
            requires parental notification of a student's English  
            proficiency within 30 days of the start of school, no  
            information is currently provided regarding students who are  
            long term ELs or who are at risk of becoming long-term ELs.   
            Additionally, the author is concerned that the home language  
            survey required under sunset California law does not provide  
            parents with an understanding of the purpose of the survey and  
            the procedures for identification and reclassification of ELs.  
             This bill is intended to prevent students from being  
            misclassified upon initial enrollment at a school. 

          2)Long-term English Learners.  A 2010 report by Californians  








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            Together, Reparable Harm: Fulfilling the Unkept Promise of  
            Educational Opportunity for California's Long-Term English  
            Learners, presented survey data collected from 40 school  
            districts.  Major findings of the survey included the  
            following:

             a)   The majority (59%) of secondary school ELs are  
               "Long-Term English Learners (defined as being in US schools  
               for more than six years without sufficient English  
               proficiency to be reclassified).

             b)   California school districts that do not have a shared  
               definition of Long-term ELs.

             c)   Several contributing factors include; no receipt of  
               language development programs, being given elementary  
               school curricula and materials that were not designed to  
               meet EL needs, weak language development program models,  
               inconsistent programs, social and linguistic isolation and  
               other things.

             d)   Few districts have designated programs or formal  
               approaches designed for Long-Term ELs.

            As a result of this report, legislation was enacted (AB 2193,  
            Lara, Chapter 427, Statutes of 2012) to statutorily define  
            "long-term English learner" and "at risk of becoming a  
            long-term English learner" and to require that the CDE  
            ascertain and provide the number of students who meet these  
            definitions to districts and schools. 

            This bill requires that existing notification requirements  
            regarding the assessment of a student's English language  
            proficiency include specific information for students  
            identified as a long-term EL or at risk of becoming a  
            long-term EL.

          3)Home Language Survey.  Existing law requires schools to  
            determine the language(s) spoken in the home of each student.  
            This determination begins with a home language survey (HLS),  
            which is completed by the parents or guardians at the time the  
            student is first enrolled.  The CDE provides a sample form,  








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            available in various languages to assist with this  
            identification process. 

            According to the CDE, a redetermination of a primary language  
            is only required if the results are disputed by a parent or  
            guardian.  If a language other than English was inaccurately  
            included on the HLS, a parent/guardian may request to update  
            the HLS to accurately reflect the language(s) spoken in the  
            home. However, if a pupil has already completed a California  
            English Language Development Test (CELDT) and has been  
            designated an English learner, the pupil must take the  
            assessment annually until they are reclassified fluent English  
            proficient.  

            This bill is intended to respond to concerns that the current  
            home language survey process "misidentifies" students as ELs  
            and makes it difficult to correct any "misidentifications".  
            The bill requires that the home language survey information  
            include disclosures regarding the purpose of the home language  
            survey, the ability of a parent to dispute the determination,  
            and the inability to make any changes once the child has been  
            tested and identified as an EL.    

          4)Are there issues?  In March 2013, in response to concerns  
            regarding inaccurate identification of ELs, CDE gathered  
            suggestions for possible HLS revisions from the statewide  
            Bilingual Coordinators' Network of district and county  
            professionals. In September 2013, the CDE participated in a  
            national working session with several states, stakeholders,  
            and researchers convened by the Council of Chief State School  
            Officers aimed at strengthening the reliability, accuracy, and  
            usefulness of HLS questions and processes. In February and May  
            of 2014, the CDE met with representatives from five local  
            educational agencies, researchers, and other stakeholders to  
            review the current HLS and make recommendations for revising  
            the tool. From these meetings, the workgroup developed survey  
            questions to be used in an HLS Pilot Study conducted by the  
            West Ed Regional Education Laboratory-West and California  
            Comprehensive Center in collaboration with the University of  
            California Los Angeles Graduate School of Education &  
            Information Studies. 









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            The HLS Pilot Study examined the clarity of the HLS (questions  
            and the extent to which these may better predict which  
            students are potential ELs and need to be assessed.  
            Approximately 20 schools participated in the study from five  
            participating districts including ABC Unified School District,  
            Coachella Valley Unified School District, Inglewood Unified  
            School District, Robla Elementary School District, and  
            Torrance Unified School District.

            According to the CDE, because the sample size was limited to  
            150 students, the results of the pilot study do not yield  
            sufficient information to recommend policy decisions. The CDE  
            recommended a more extensive and systematic study be conducted  
            at a later date when the English Learner Proficiency  
            Assessment is operational. 

          5)English learners.  The CDE provides the following information  
            on English learners in California's public schools:

             a)   In the 2014-15 school year there were approximately 1.4  
               million ELs in California public schools, constituting 22.3  
               percent of the total enrollment.

             b)   Over 2.6 million students (42.9 percent of public school  
               enrollment) spoke a language other than English in their  
               home.  

             c)   73 percent of ELs are enrolled in the elementary grades  
               (K-6) with the remaining 27 percent enrolled in grades  
               7-12.  

             d)   Although EL data is collected for 60 language groups, 94  
               percent speak one of the top ten languages in the state,  
               which include Spanish (83.7 percent), Vietnamese, Pilipino  
               (Filipino or Tagalog), Cantonese, Mandarin, Arabic, Hmong,  
               Korean, Punjabi, and Russian.

             e)   During 2013-14 the CDE administered the CELDT) to 1.4  
               million students, 1.1 million of whom were tested under the  
               annual assessment window. 

             f)   In 2012-13 and 2013-14, approximately 12 percent of ELs  








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               were reclassified as English proficient. Prior to that  
               approximately 11 percent of English learners were annually  
               reclassified, with the notable exception that in 2011-12,  
               16.3 percent were reclassified.


          


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Committee on Appropriation, this bill  
          would impose the following costs:


           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  
            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.  (Proposition 98)


          SUPPORT:   (Verified8/22/16)


          Association of California School Administrators 
          Los Angeles Unified School District
          San Diego Unified School District 


          OPPOSITION:   (Verified8/22/16)


          None received 

          ASSEMBLY FLOOR:  80-0, 6/1/15








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          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

          Prepared by:Olgalilia Ramirez / ED. / (916) 651-4105
          8/22/16 20:38:05


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