Bill Text: CA AB1360 | 2025-2026 | Regular Session | Introduced
Bill Title: English learners: reclassification: English language proficiency assessment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-21 - Introduced. To print. [AB1360 Detail]
Download: California-2025-AB1360-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1360
| Introduced by Assembly Member Arambula |
February 21, 2025 |
An act to amend Section 313 of the Education Code, relating to English learners.
LEGISLATIVE COUNSEL'S DIGEST
AB 1360, as introduced, Arambula.
English learners: reclassification: English language proficiency assessment.
Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupil’s level of proficiency, as specified. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, among other things, an assessment of language proficiency using the English language development test that is developed or acquired by the Superintendent of Public
Instruction, as provided.
This bill would, commencing July 1, 2026, require the reclassification procedures developed by the department to authorize an English learner to be reclassified if the English learner achieves an English Learner Progress Indicator score of 3H or above on the English Language Proficiency Assessments for California and the English learner also satisfies the other multiple measures criteria developed by the department, as specified. To the extent this bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 313 of the Education Code is amended to read:313.
(a) Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.(b) The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c) Commencing with the 2000–01 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually,
thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily utilize use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d) (1) This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 2013–14 school year, whichever occurs later.
(2) The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily utilize use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3) The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A) If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior year’s annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B) If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4) Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e) The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f) The reclassification procedures developed by the department shall utilize use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following:
(1) Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810.
(2) Teacher evaluation, including, but not limited
to, a review of the pupil’s curriculum mastery.
(3) Parental opinion and consultation.
(4) Comparison of the performance of the pupil in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English.
(g) Commencing July 1, 2026, the procedures developed by the department pursuant to paragraph (1) of subdivision (f) shall authorize an English learner to be reclassified if the English learner achieves an English Learner Progress Indicator score of 3H or above
on the English Language Proficiency Assessments for California, and the English learner also satisfies the other multiple measures criteria developed by the department for purposes of paragraphs (2) to (4), inclusive, of subdivision (f).
(g)
(h) This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)
(i) For purposes of this section, “initial enrollment” does not include enrollment in a transitional kindergarten program.
