Bill Text: CA AB491 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: English learners: identification: notice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB491 Detail]

Download: California-2015-AB491-Amended.html

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BILL NUMBER: AB 491	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2016
	AMENDED IN SENATE  MAY 31, 2016
	AMENDED IN ASSEMBLY  APRIL 30, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 23, 2015

   An act to amend  Sections 435 and 440  
Section 313.2  of, and to add Section  52164.7 
 313.3  to, the Education Code, relating to English
learners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 491, as amended, Gonzalez. English learners: identification:
notice.
   Existing law requires  a local educational agency to
provide instructional services to English learners, as specified, and
requires   each school district to make a determination
of the primary language of a pupil when the pupil enrolls in the
school district and requires  each parent or guardian of a pupil
enrolled in a public school to receive notice of an assessment of a
pupil's English proficiency no later than 30 days after the start of
the school  year. Existing law specifies the information
required to be included in the notice, including   year
that includes, among other things,  the reason for the pupil's
classification as an English learner.
   This bill would require the notice  of assessment of a child's
English proficiency  to include specified additional
information, including whether a child is a long-term English learner
or is an English learner at risk of becoming a long-term English
 learner, as those terms would be defined in the bill.
  learner.  
   Existing law requires each school district to make a determination
of the primary language of a pupil when the pupil enrolls in the
school district. 
    This   The  bill would require a school
district to provide a notification letter to a pupil's parent or
guardian at the time a home language survey is provided that explains
the purpose of the home language survey and the procedures for
identification and reclassification of English learners. The bill
would require the State Department of Education to make a sample
notification letter available to all public schools.
   Because the bill would impose additional requirements 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 313.2 of the  
Education Code   is amended to read: 
   313.2.  (a) The department shall annually ascertain the number of
pupils in each school district and school, including a school that is
within the jurisdiction of a county office of education and a
charter school, who are, or are at risk of becoming, long-term
English learners, as those terms are defined in Section 313.1.
   (b) The department shall annually provide the information
described in subdivision (a) to school districts and schools and post
on the department's Internet Web site the number of long-term
English learners and English learners at risk of becoming long-term
English learners in the state. 
   (c) In addition to the information specified in subdivision (b) of
Section 440, the notice of assessment of a child's English
proficiency shall also contain all of the following information:
 
   (1) Whether the child is a long-term English learner or English
learner at risk of becoming a long-term English learner, as those
terms are defined in Section 313.1.  
   (2) The manner in which the program for English language
development instruction will meet the educational strengths and needs
of long-term English learners or English learners at risk of
becoming long-term English learners.  
   (3) The manner in which the program for English language
development instruction will help long-term English learners or
English learners at risk of becoming long-term English learners
develop English proficiency and meet age-appropriate academic
standards. 
   SEC. 2.    Section 313.3 is added to the  
Education Code   , to read:  
   313.3.  (a) The department shall make available to public schools
a sample notification letter that shall be provided with the home
language survey used to determine the primary language of the pupil
at the time of enrollment in accordance with Section 52164.1. The
notification letter shall explain the purpose of the home language
survey and the procedures for identification and reclassification of
English learners.
   (b) The notification letter shall include, but is not limited to,
all of 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."
   "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."

   (c) A school district shall provide the notification letter to the
parents or guardians of a pupil at the time the home language survey
is provided. 
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 435 of the Education Code is
amended to read:
   435.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "English learner" or "pupil of limited English proficiency"
means a pupil who was not born in the United States or whose native
language is a language other than English or who comes from an
environment where a language other than English is dominant; and
whose difficulties in speaking, reading, writing, or understanding
the English language may be sufficient to deny the individual the
ability to meet the state's proficient level of achievement on state
assessments, the ability to successfully achieve in classrooms where
the language of instruction is English, or the opportunity to
participate fully in society.
   (b) "Long-term English learner" means an English learner who is
enrolled in any of grades 6 to 12, inclusive, has been enrolled in
schools in the United States for more than six years, has remained at
the same English language proficiency level for two or more
consecutive years as determined by the English language development
test identified in Section 60810 or any successor test, and scores
far below basic or below basic on the English language arts
standards-based achievement test administered pursuant to Section
60640 or any successor test.
   (c) "Immigrant pupil" means a pupil who was born in a country
other than the United States and who has attended a kindergarten
class or any of grades 1 to 12, inclusive, in a school in the United
States for three or fewer years.
   (d) "Federal No Child Left Behind Act of 2001" means Public Law
Number 107-110 (20 U.S.C. Sec. 6801 et seq.).
   (e) "English learner at risk of becoming a long-term English
learner" means an English learner who is enrolled in any of grades 5
to 11, inclusive, in schools in the United States for four years,
scores at the intermediate level or below on the English language
development test identified in Section 60810 or any successor test,
and scores in the fourth year at below basic or far below basic level
on the English language arts standards-based achievement test
administered pursuant to Section 60640 or any successor test.
 
  SEC. 2.    Section 440 of the Education Code is
amended to read:
   440.  (a) A local educational agency shall provide instructional
services to limited-English-proficient pupils and immigrant pupils in
conformity with Section 6801 and following of Title 20 of the United
States Code.
   (b) In accordance with Section 6312 of Title 20 of the United
States Code, each parent or guardian of a pupil enrolled in a public
school shall receive notice of the assessment of his or her child's
English language proficiency not later than 30 days after the start
of the school year. The notice shall include all of the following:
   (1) The reason for the child's classification as limited English
proficient.
   (2) The level of English proficiency.
   (3) A description of the program for the English language
development instruction, including a description of all of the
following:
   (A) The manner in which the program will meet the educational
strengths and needs of the child.
   (B) The manner in which the program will help the child develop
his or her English proficiency and meet age appropriate academic
standards.
   (C) The specific exit requirements for the program, the expected
rate of transition from the program into classrooms that are not
tailored for limited-English-proficient children, and the expected
rate of graduation from secondary school for the program if funds
available under Sections 6801 and following of Title 20 of the United
States Code are used for children in secondary schools.
   (D) Where the child has been identified as having exceptional
needs, the manner in which the program meets the requirements of the
child's individualized education program.
   (4) Information regarding a parent or guardian's option to decline
to allow the child to become enrolled in the program or to choose to
allow the child to become enrolled in an alternative program.
   (5) Information designed to assist a parent or guardian in
selecting among available programs, if more than one program is
offered.
   (c) In addition to the information specified in subdivision (b),
the notice shall also contain the following information:
   (1) Whether the child is a long-term English learner or English
learner at risk of becoming a long-term English learner.
   (2) The manner in which the program for English language
development instruction will meet the educational strengths and needs
of long-term English learners or pupils at risk of becoming
long-term English learners.
   (3) The manner in which the program for English language
development instruction will help long-term English learners or those
at risk of becoming long-term English learners develop English
proficiency and meet age-appropriate academic standards. 

  SEC. 3.    Section 52164.7 is added to the
Education Code, to read:
   52164.7.  (a) The department shall make available to public
schools a sample notification letter that shall be provided with the
home language survey used to determine the primary language of the
pupil at the time of enrollment in accordance with Section 52164.1.
The notification letter shall explain the purpose of the home
language survey and the procedures for identification and
reclassification of English learners.
   (b) The notification letter shall include, but is not limited to,
all of 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."
   "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."
   (c) A school district shall provide the notification letter to the
parents or guardians of a pupil at the time the home language survey
is provided.  
  SEC. 4.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.