Bill Text: CA AB2303 | 2013-2014 | Regular Session | Amended


Bill Title: State Recognition Program of Multiple Pathways to

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2303 Detail]

Download: California-2013-AB2303-Amended.html
BILL NUMBER: AB 2303	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2014
	AMENDED IN SENATE  JUNE 18, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  MAY 1, 2014
	AMENDED IN ASSEMBLY  APRIL 23, 2014

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 21, 2014

   An act to amend Section 51461 of, and to add Article 11
(commencing with Section 33460) to Chapter 3 of Part 20 of Division 2
of Title 2 of, the Education Code, relating to biliteracy education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2303, as amended, Bloom. State Recognition Program of Multiple
Pathways to Biliteracy and State Seal of Biliteracy.
   Existing law requires the Superintendent of Public Instruction to
award a State Seal of Biliteracy. Existing law provides that the
State Seal of Biliteracy certifies attainment of a high level of
proficiency by a graduating high school pupil in one or more
languages, in addition to English, and certifies that the graduate
meets specified criteria, including, but not limited to, passing the
California Standards Test in English language arts administered in
grade 11 at the proficient level or above. Existing law also requires
a pupil in grades 9 to 12, inclusive, whose primary language is
other than English, to meet these same requirements and to also
attain the early advanced proficiency level on the English language
development test in order to qualify for the State Seal of
Biliteracy.
   This bill, to qualify for the State Seal of  Biliteracy
and if the California Standards Test in English language arts is not
approved, would require a graduate to pass a Measurement of Academic
Performance and Progress assessment that is aligned to English
language arts administered in grade 11 at the proficient level or
above. The bill also, to qualify for the State Seal of Biliteracy and
if a state-adopted assessment has not been fully implemented, would
require a graduate to score at level that demonstrates English
language arts proficiency on an assessment selected by the governing
board of a school district that is aligned to the English language
arts standards adopted by the State Board of Education for grade 11.
  Biliteracy, would instead require a graduate to have
passed a state-adopted, standards-aligned test in English language
arts administered in grade 11 at the proficient level or above,
except that for the 2014-15 school year, to have passed the most
recently available state-adopted, standards-aligned English language
arts test for that graduate at the proficient level or above. 
   This bill also would establish the State Recognition Program of
Multiple Pathways to Biliteracy to be administered annually by the
State Department of Education beginning January 1, 2016, to recognize
school districts and county offices of education that voluntarily
demonstrate excellence in providing and supporting multiple
opportunities for pupils to attain high achievement and linguistic
biliteracy in grades 1 to 12, inclusive, through biliteracy programs,
as specified. The bill would require this program to be implemented
only to the extent moneys are available to the department for
purposes of the program from any source.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.   (a) The Legislature finds and declares all of the
following:
   (1) In 2012, California became the first state in the nation to
award a State Seal of Biliteracy, pursuant to Article 6 (commencing
with Section 51460) of Chapter 3 of Part 28 of Division 4 of Title 2
of the Education Code, to graduating seniors with demonstrated
proficiency in two or more languages.
   (2) This groundbreaking step was acknowledgment of the economic
and social value of multilingualism, the realities of a global
century, and of the high level of academic achievement associated
with attainment of literacy in multiple languages.
   (3) In the context of the rollout of new common core standards,
the State Seal of Biliteracy also rounded out the very notion of
college and career readiness for this diverse and global 21st century
world.
   (4) Ten thousand Seals of Biliteracy were awarded in the first
year for proficiency in 29 languages, including American Sign
Language.
   (5) By June 2013, the number had more than doubled with 170 school
districts, 19 charter schools, and six county offices of education
providing 21,655 awards to graduating seniors.
   (6) Across the nation, other states were inspired to follow
California's lead. In 2013, New York and Illinois adopted State Seals
of Biliteracy, and three additional states have pending legislation.

   (7) In addition to the establishment of the State Seal of
Biliteracy, other major changes recognizing the benefits of
biliteracy have occurred, including all of the following:
   (A) Increased numbers of two-way immersion programs in our public
education system.
   (B) Adoption in 2009 of California's first World Language Content
Standards providing direction for the state's world language programs
and the acknowledgment for the need for developing "global
competency."
   (C) Inclusion of the recommendation to "ensure English literacy
and biliteracy through a statewide campaign to better prepare parents
and students to support literacy" in the Blueprint for Great Schools
developed by the Transition Advisory Team of the Superintendent of
Public Instruction Tom Torlakson in 2011.
   (8) These changes have led to an increased awareness and
acknowledgment of the benefits of multilingual proficiency and result
in the desire for additional opportunities to obtain multilingual
proficiency. However, these efforts are not enough.
   (9) It is clear that increasing the number of graduating pupils
with multilingual skills is critical for the economic and societal
needs of our state.
   (10) California needs people with biliteracy skills and
cross-cultural competencies to work in and fuel our economy, to
strengthen our social cohesion, and to enrich the quality of life in
our communities.
   (11) Pathways toward the global competency and linguistic skills
of pupils need to be established. These pathways can address a
shortfall in needed skills in our communities and economy. It is a
recognition of the vibrancy and value of cultural diversity, and it
helps address the achievement gap for our English learners.
   (12) California, the most ethnically and linguistically diverse
state in the nation and the birthplace of the State Seal of
Biliteracy, is the place to break new ground in the creation of
comprehensive, articulated, and powerful pathways to biliteracy.
   (13) A powerful first step in establishing these pathways is to
provide state recognition to school districts and county offices of
education that establish and maintain comprehensive, articulated
pathways to biliteracy that include multiple entry points, provide a
continuum of language development in prekindergarten, kindergarten,
and grades 1 to 12, inclusive, and lead to the attainment of the
State Seal of Biliteracy.
   (b) Therefore, it is the intent of the Legislature to do both of
the following:
   (1) Establish state recognition to school districts and county
offices of education that provide multiple programs moving pupils
through a language learning continuum of study that is well
articulated and comprehensive for the purpose of attaining biliteracy
by its pupils.
   (2) Identify multiple pathways to biliteracy that school districts
and county offices of education may utilize in developing their
comprehensive multiple pathways biliteracy programs.
  SEC. 2.  Article 11 (commencing with Section 33460) is added to
Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code,
to read:

      Article 11.  State Recognition Program of Multiple Pathways to
Biliteracy


   33460.  For purposes of this article, "biliteracy" means the
ability to express oneself with clarity and cogency, to read and
write cogently, and to compute and think critically in two or more
languages. It includes the ability to function in and across language
communities. For English learners, this includes the development of
academic proficiency in the pupil's primary language as well as in
English.
   33461.  (a) The State Recognition Program of Multiple Pathways to
Biliteracy is hereby established to be administered annually by the
department beginning January 1, 2016, to recognize school districts
and county offices of education demonstrating excellence in providing
and supporting multiple opportunities for pupils to attain high
achievement and linguistic biliteracy in grades 1 to 12, inclusive,
through biliteracy programs. On or before December 31, 2015, the
department shall plan and design the program. Beginning January 1,
2016, and each year thereafter, the department shall disseminate and
review applications for recognition under the program. Beginning
November 1, 2016, and each year thereafter, the department shall
provide recognition, pursuant to the program, to approved school
districts and county offices of education.
   (b) The department shall use appropriate state and federal moneys
to implement this article.
   (c) The program established pursuant to this section shall be a
voluntary program. Neither a school district nor a county office of
education shall be required to participate.
   33462.  (a) The department shall recognize the governing board of
a school district or a county office of education under the State
Recognition Program of Multiple Pathways to Biliteracy if the school
district or county office of education meets any of the following
criteria:
   (1) Has established and maintained for pupils in grades 9 to 12,
inclusive, for at least two years, a well-articulated State Seal of
Biliteracy program meeting the requirements established in Section
51461 and has established and maintained multiple pathways to
biliteracy pursuant to Section 33463.
   (2) Has established and maintained for pupils in prekindergarten,
kindergarten, and grades 1 through 8, inclusive, a system of
benchmarking progress and recognition of pupil participation and
progress along a continuum toward high-level proficiency in two or
more languages. This may include the creation of pathway awards
aligned to milestones and critical developmental points along the
pathway towards biliteracy, culminating in the awarding of the State
Seal of Biliteracy at graduation from high school. Critical
development points include, but are not limited to, the completion of
preschool, third grade, elementary school, and middle school.
   (3) Has met the criteria of paragraphs (1) and (2) for pupils in
prekindergarten, kindergarten, and grades 1 to 12, inclusive.
   (b) In addition to the requirements of subdivision (a), a school
district or county office of education also shall meet all of the
following criteria:
   (1) Has a well-articulated plan for pupils in prekindergarten,
kindergarten, and grades 1 to 12, inclusive, that describes the
language programs that comprise a coherent set of language
development opportunities. The plan shall include consideration of
all of the following:
   (A) Integration of English learner services with world language
programs.
   (B) The amount of time allotted to language study, sequencing, and
articulation.
   (C) Inclusion of multiple entry points into language learning.
   (D) Equitable access to language learning.
   (E) Inclusion of a developmental window from 4 to 8 years of age,
inclusive, for language learning in which pupils are able to develop
native-like proficiency in multiple languages.
   (F) Consideration of language priorities where the governing board
of a school district or a county office of education has to
carefully consider a balance between a desire to offer multiple
languages and the realities of investment and space within school
schedules to accommodate the sequence of courses involved in building
to high levels of proficiency.
   (2) Has supported quality implementation, including qualified
language teachers; a retention, recruitment, and professional
development system that results in identifying and hiring teachers
with needed skills; collaboration and planning time for teachers to
align and articulate the language curriculum across grade levels and
schools; and provided teachers with professional development support
to effectively implement research-based language strategies and
methodologies.
   (3) Has created a districtwide, communitywide, countywide, and
school culture that celebrates language and cultural diversity in the
pursuit of biliteracy as a needed 21st century skill.
   (4) Does not have any outstanding English learner compliance
findings from the most recent federal and state program monitoring.
   33463.  For purposes of demonstrating whether a school district or
a county office of education qualifies for the State Recognition
Program of Multiple Pathways to Biliteracy, the governing board of a
school district or a county office of education may implement any
comprehensive program for the study of world languages that includes,
but is not limited to, any of the following:
   (a) "FLEX" (Foreign Language experience, exposure, enrichment, or
exploratory) may be implemented for a regular schoolday or an
extended schoolday for prekindergarten, kindergarten, and grades 1 to
8, inclusive, and includes all of the following:
   (1) Has classes that meet only once or twice a week.
   (2) Has classes that are introductory and provide exposure.
   (3) May be delivered during school or after school.
   (4) Introduces pupils to one or more languages and cultures other
than their own in order to motivate them to pursue further language
study.
   (5) Has varied objectives depending on the specific program,
length of instruction, and type of instruction.
   (b) "FLES" (Foreign Language in Elementary Schools) may be
implemented as a period within a schoolday or an extended schoolday
for kindergarten and grades 1 to 6, inclusive, and includes all of
the following:
   (1) Are less intensive than immersion.
   (2) Teaches the target language for designated periods of time,
but varies a great deal in the amount of time devoted to foreign
language learning.
   (3) Follows the natural sequence of language learning to
understand, speak, read, and write.
   (4) Does not include academic study through the language, but
focuses on language study itself.
   (5) Has proficiency goals and pupil outcomes that vary according
to the amount and type of instruction.
   (6) Provides initial instruction and exposure to a second
language.
   (7) Usually meets daily.
   (8) Begins in kindergarten and continues through grade 6, but may
begin in grade 2, grade 3, or grade 4.
   (c) "Transitional Bilingual" may be implemented as a whole
schoolday program for prekindergarten, kindergarten, and grades 1 to
3, inclusive, and includes all of the following:
   (1) Are for English learners.
   (2) Provides academic instruction and initial literacy development
in the home language along with English language development, with
increasing amounts of the English language leading to full transition
to the English language by the end of grade 3.
   (3) Provides that the goal is not biliteracy but a transition to
English.
   (d) "Developmental Bilingual" may be implemented as a whole
schoolday program for prekindergarten, kindergarten, and grades 1 to
5, inclusive, and includes all of the following:
   (1) Has a program for English learners using both the English
language and their first language for academic instruction and
develops literacy skills in both languages.
   (2) Includes an additive approach that continues through grade 5
and an attainment of threshold literacy skills in both languages.
   (3) Has the goal of biliteracy.
   (e) "Immersion" may be implemented as a whole schoolday program or
a summer enrichment program for prekindergarten, kindergarten, and
grades 1 to 12, inclusive, and includes all of the following:
   (1) Provides that the target language is used for all academic
instruction with the exception of language arts in English.
   (2) Maintains a ratio of target language use to English language
use as high as 80 percent to 20 percent throughout kindergarten and
grades 1 to 6, inclusive.
   (f) "Two-Way Immersion" (Dual Language) may be implemented as a
whole schoolday program for prekindergarten, kindergarten, and grades
1 to 12, inclusive, and includes all of the following:
   (1) Integrates native English language speakers and speakers of
another language by providing instruction in both languages for all
pupils.
   (2) Promotes bilingualism and biliteracy, grade-level academic
achievement, and positive cross-cultural attitudes and behaviors in
all pupils.
   (3) Has classes made up of roughly equal numbers of native
speakers of English and native speakers of the target language.
   (4) Has each language roughly one-half of the time for academic
instruction in the 50/50 Two-Way Immersion model.
   (5) Has the target language used for 90 percent of instruction in
the early years, usually tapering to 50 percent by grade 4 in the
90/10 Two-Way Immersion model. At the secondary level, pupils
continue to study academic content in the target language for at
least two periods a day.
   (6) Typically begins in kindergarten or grade 1 and lasts at least
through grade 5, and preferably through grades 9 to 12, inclusive.
   (g) "Native Speakers Courses" may be implemented as a period
offered during a schoolday or after school for grades 6 to 12,
inclusive, and includes all of the following:
   (1) Designed to develop literacy, academic language, and
proficient skills in a language other than English for native
speakers of that language.
   (2) Designed for pupils from homes in which the target language is
spoken and for pupils who speak or understand the target language to
some extent.
   (3) Has the intent of these courses being to build on existing
skills of pupils and help them develop full academic proficiency.
   (4) Requires Advanced Placement language courses.
   (h) "Heritage Language" may be implemented as a period offered
during a schoolday or after school for kindergarten and grades 1 to
12, inclusive, and includes all of the following:
   (1) Are additive programs that enable English-language-dominant
pupils from language minority families to reclaim their heritage
language and receive an education that incorporates a culturally
responsive curriculum in school.
   (2) Requires Advanced Placement language courses.
   (i) "World Language Classes" may be implemented as a period
offered during a schoolday or after school for grades 6 to 12,
inclusive, and includes all of the following:
   (1) Begins in middle school or high school.
   (2) Has the curriculum aligned with the A to G requirements of the
University of California.
   (3) Requires the study of the same world language for two years in
grades 9 to 12, inclusive, to meet the freshman admissions
requirements for the University of California and the California
State University.
   (4) Requires Advanced Placement language classes.
   (j) "Study Abroad, International Student Exchange Program" for
grades 6 to 12, inclusive, includes both of the following:
   (1) Provides world language pupils with opportunities to travel,
live, and study for a short time in another nation.
   (2) Includes trips sponsored by language clubs or language courses
for a few weeks or full semester, or live-abroad placement programs.

  SEC. 3.  Section 51461 of the Education Code is amended to read:
   51461.  (a) The State Seal of Biliteracy certifies attainment of a
high level of proficiency by a graduating high school pupil in one
or more languages, in addition to English, and certifies that the
graduate meets all of the following criteria:
   (1) Completion of all English language arts requirements for
graduation with an overall grade point average of 2.0 or above in
those classes. 
   (2) Passing the California Standards Test in English language arts
administered in grade 11 at the proficient level or above. 

   (A) For purposes of this paragraph, if the California Standards
Test in English language arts is not approved, then both of the
following shall apply:  
   (i) The governing board of the school district shall administer an
assessment that is aligned to English language arts, as established
pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of
Section 60640, in grade 11.  
   (ii) The graduate shall pass the assessment at the proficient
level or above.  
   (B) For purposes of this paragraph, if a state-adopted assessment
has not been fully implemented, both of the following shall apply:
 
   (i) The governing board of the school district shall select an
assessment to be used that is aligned to the English language arts
standards adopted by the state board for grade 11.  

   (ii) The graduate shall score at a level that demonstrates English
language arts proficiency.  
   (2) (A) Passing a state-adopted, standards-aligned test in English
language arts administered in grade 11 at the proficient level or
above.  
   (B) Notwithstanding subparagraph (A), for the 2014-15 school year,
passing the most recently available state-adopted, standards-aligned
test in English language arts for that graduate at the proficient
level or above. 
   (3) Proficiency in one or more languages other than English,
demonstrated through one of the following methods:
   (A) Passing a foreign language Advanced Placement examination with
a score of 3 or higher or an International Baccalaureate examination
with a score of 4 or higher.
   (B) Successful completion of a four-year high school course of
study in a foreign language, and attaining an overall grade point
average of 3.0 or above in that course of study.
   (C) If no Advanced Placement examination or off-the-shelf language
test exists and the school district can certify to the
Superintendent that the test meets the rigor of a four-year high
school course of study in that foreign language, passing a school
district language examination that, at a minimum, assesses speaking,
reading, and writing in a language other than English at the
proficient level or higher. If a school district offers a language
examination in a language in which an Advanced Placement examination
or off-the-shelf language test exists, the school district language
examination shall be approved by the Superintendent for the purpose
of determining proficiency in a language other than English.
   (D) Passing the SAT II foreign language examination with a score
of 600 or higher.
   (b) If the primary language of a pupil in any of grades 9 to 12,
inclusive, is other than English, he or she shall do both of the
following in order to qualify for the State Seal of Biliteracy:
   (1) Attain the early advanced proficiency level on the English
language development test. For purposes of this paragraph, a
participating school district may administer the English language
development test an additional time as necessary.
   (2) Meet the requirements of subdivision (a).
   (c) For languages in which an Advanced Placement test is not
available, the Superintendent may provide a listing of equivalent
summative tests that school districts may use in place of an Advanced
Placement test for purposes of subparagraph (A) of paragraph (3) of
subdivision (a). A school district may provide the Superintendent
with a list of equivalent summative tests that the district uses in
place of an Advanced Placement test for purposes of subparagraph (A)
of paragraph (3) of subdivision (a). The Superintendent may use lists
received from school districts in developing his or her list of
equivalent summative tests.
   (d) For purposes of this article, "foreign language" means a
language other than English, and includes American Sign Language.
  SEC. 4.  The State Recognition Program of Multiple Pathways to
Biliteracy (Article 11 (commencing with Section 33460) of Chapter 3
of Part 20 of Division 2 of Title 2 of the Education Code) shall be
implemented only to the extent moneys are available to the State
Department of Education for purposes of the program from any source,
including, but not limited to, state moneys, federal moneys, and
other nonstate funding sources.                                
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