Bill Text: CA AB812 | 2015-2016 | Regular Session | Amended
Bill Title: English proficiency: Los Angeles Unified School
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB812 Detail]
Download: California-2015-AB812-Amended.html
BILL NUMBER: AB 812 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2015
AMENDED IN ASSEMBLY APRIL 27, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 26, 2015
An act to add Chapter 4 (commencing with Section 350) to
Part 1 of Division 1 of Title 1 and repeal Section 314
of the Education Code, relating to English proficiency.
LEGISLATIVE COUNSEL'S DIGEST
AB 812, as amended, Weber. Pupils of limited academic
English proficiency: assessments. English proficiency:
Los Angeles Unified School District's Academic English Mastery
Program: evaluation.
Existing law requires the State Department of Education, with the
approval of the State Board of Education, to establish procedures for
conducting an assessment of pupils who are English learners in order
to determine the level of English proficiency. Existing law requires
each school district that has one or more pupils who are English
learners, to assess the English language development of each pupil.
Existing law requires this assessment to be conducted upon initial
enrollment, and annually thereafter, during a period determined by
the Superintendent of Public Instruction and the state board.
This bill would, notwithstanding the above provisions, require the
department, on or before September 1, 2017, to develop an assessment
tool to determine the proficiency level of pupils of limited
academic English proficiency, as defined, and as determined by a
formal process that the bill would require the Superintendent to
develop in consultation with the department and local educational
agencies, as provided. The bill would require the assessment to be
conducted upon a pupil's initial enrollment or as early as possible
after enrollment, in order to provide information to determine if the
pupil is a pupil of limited academic English proficiency, and
annually thereafter, during a period of time determined by the
Superintendent and the state board. The bill would require the annual
assessments to continue until the pupil is designated as academic
English proficient, as provided. The bill would require, if a pupil
is still performing at a level of limited academic English
proficiency after the grade 8 Smarter Balanced Assessment System
summative and interim assessments, the school district to provide
targeted resources with the goal of the pupil scoring at the level of
3 or higher on the grade 11 Smarter Balanced Assessment System
summative and interim assessments.
By creating new duties for a local educational agency, this bill
would impose a state-mandated local program.
This bill would, contingent on the enactment of an appropriation
in the annual Budget Act or related legislation for the purpose of
implementing these provisions, require the Los Angeles Unified School
District, in partnership with the University of California, Los
Angeles Center X, to conduct an evaluation of the Los Angeles Unified
School District's Academic English Mastery Program, as specified.
The bill would require the evaluation to be completed by an
unspecified date and submitted to the appropriate fiscal and policy
committees of the Legislature. To the extent the bill would impose
additional duties on the Los Angeles Unified School District, 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. Chapter 4 (commencing with Section
350) is added to Part 1 of Division 1 of Title 1 of the Education
Code, to read:
CHAPTER 4. PUPILS OF LIMITED ACADEMIC ENGLISH PROFICIENCY
350. (a) For purposes of this chapter, "pupils of limited
academic English proficiency" is defined as pupils who do not have
the clearly developed academic English language skills of
comprehension, speaking, reading, and writing necessary to receive
instruction in English at a level substantially equivalent to pupils
of the same age or grade whose primary language is also English.
(b) For purposes of this chapter, "academic English" and "academic
language" shall have the same meaning and are defined as the oral,
written, auditory, and visual language proficiency required to learn
effectively in school and academic programs. Academic English and
academic language is the language used in classroom lessons, books,
tests, and assignments, and it is the language that pupils are
expected to learn and achieve fluency in. Frequently contrasted with
"conversational" or "social" language, academic language includes a
variety of formal-language skills such as vocabulary, grammar,
punctuation, syntax, discipline-specific terminology, or rhetorical
conventions, that allow pupils to acquire knowledge and academic
skills while also successfully navigating school policies,
assignments, expectations, and cultural norms.
350.1. (a) On or before September 1, 2016, the Superintendent, in
consultation with the department and local educational agencies,
shall develop a formal process to identify pupils who may meet the
definition in subdivision (a) of Section 350.
(b) The process may, at a minimum, provide special consideration
to pupils who meet any of the following criteria:
(1) Scores in the lowest achievement levels on the Smarter
Balanced Assessment System summative and interim assessments.
(2) Receives less than a passing grade on one or more consecutive
progress and report cards in English language arts.
(3) Is identified by teachers or faculty members as a candidate
who may meet one or more of the criteria in paragraphs (1) or (2).
350.2. (a) On or before January 1, 2017, the department, in
consultation with local educational agencies, shall develop a study
on best practices for providing instruction to pupils of limited
academic English proficiency, and shall provide this study to members
of the Legislature, the Office of the Legislative Analyst, and the
Governor. The study shall include, but not be limited to, information
relating to all of the following:
(1) Existing state and local programs.
(2) Effective pedagogical and instructional methods for pupils of
limited academic English proficiency.
(3) Professional development and training needs for teachers who
would be likely to provide instruction to pupils of limited academic
English proficiency.
(b) The study required to be submitted to the Legislature pursuant
to subdivision (a) shall be submitted in compliance with Section
9795 of the Government Code.
350.3. (a) Notwithstanding any other law, including Article 3.5
(commencing with Section 313) of Chapter 3, on or before September 1,
2017, the department shall develop an assessment tool to determine
the proficiency level of pupils of limited academic English
proficiency identified through the formal process, pursuant to
Section 350.1, for purposes of identifying an adequate method of
instruction for these pupils.
(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 designation of a pupil of limited
academic English proficiency to academic English proficient.
350.4. (a) Notwithstanding any other law, including Article 3.5
(commencing with Section 313) of Chapter 3, commencing with the
2018-19 school year, the assessment developed pursuant to Section
350.3 shall be conducted upon initial enrollment or as early as
possible after enrollment, in order to provide information to
determine if the pupil is a pupil of limited academic English
proficiency, 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 designated as academic
English proficient pursuant to Section 350.5.
(b) For purposes of this section, school districts may utilize a
pupil scoring at the highest achievement levels of 3 or higher on the
Smarter Balanced Assessment System summative and interim assessments
to designate the pupil as academic English proficient. If a pupil is
still performing at a level of limited academic English proficiency
after the grade 8 Smarter Balanced Assessment System summative and
interim assessments, the school district shall provide targeted
resources with the goal of the pupil scoring at the level of 3 or
higher on the grade 11 Smarter Balanced Assessment System summative
and interim assessments.
(c) The assessments conducted pursuant to this section shall be
conducted in a manner consistent with federal statutes and
regulations.
350.5. Notwithstanding any other law, including Article 3.5
(commencing with Section 313) of Chapter 3, the Superintendent shall
develop a procedure to designate a pupil of limited academic English
proficiency as academic English proficient. The designation procedure
developed by the Superintendent shall utilize multiple criteria in
determining whether to designate a pupil as proficient in academic
English, including, but not limited to, all of the following:
(a) Assessment of academic language proficiency using an objective
assessment instrument.
(b) Teacher evaluation, including, but not limited to, a review of
the pupil's curriculum mastery.
(c) Parental opinion and consultation.
(d) 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 academic English proficient
pupils of the same age, that demonstrates whether the pupil is
sufficiently proficient in academic English to participate
effectively in a curriculum designed for pupils of the same age.
350.6. This chapter does not preclude a school district or county
office of education from testing pupils of limited academic English
proficiency more than once in a school year if the school district or
county office of education chooses to do so.
SECTION 1. Section 314 is added to the
Education Code , to read:
314. (a) Contingent on the enactment of an appropriation in the
annual Budget Act or related legislation for the purpose of
implementing this section, the Los Angeles Unified School District,
in partnership with the University of California, Los Angeles Center
X, shall conduct an evaluation of the Los Angeles Unified School
District's Academic English Mastery Program. This evaluation shall
include data collection and analysis, and shall address policy
questions regarding identification, assessment, instruction, and
professional development of, and curriculum and definitions of
proficiency for, pupils of limited academic English proficiency. The
evaluation shall be completed by ____ and shall be submitted to the
appropriate fiscal and policy committees of the Legislature.
(b) This section is repealed on January 1, 20____.
SEC. 2. 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.
