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  AUGUST 15, 2016
	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 Section 313.2 of, and to add Section 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 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 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.The   learner. 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   "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   parent  or  guardians
  guardian  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.