BILL NUMBER: SB 201 CHAPTERED
BILL TEXT
CHAPTER 478
FILED WITH SECRETARY OF STATE OCTOBER 2, 2013
APPROVED BY GOVERNOR OCTOBER 2, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 15, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
INTRODUCED BY Senator Liu
FEBRUARY 7, 2013
An act to amend, repeal, and add Sections 313 and 60810 of, and to
add Section 60211 to, the Education Code, relating to instructional
materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 201, Liu. Instructional materials: academic content standards:
English learners.
(1) Existing law requires the Superintendent of Public Instruction
to review existing tests that assess the English language
development of pupils whose primary language is a language other than
English, and requires that the tests include, but not be limited to,
an assessment of the achievement of these pupils in English reading,
speaking, and written skills, in accordance with specified criteria.
Existing law requires each school district that has one or more
pupils who are English learners, and, to the extent required by
federal law, a county office of education and a charter school, to
assess the English language development of each of those pupils in
order to determine their level of proficiency. 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 a school
district to annually conduct the assessment during a period that
commences on the day upon which 55% of the instructional year is
completed through July 1 of that calendar year.
This bill would apply the above requirements to initial and
summative assessments and make conforming changes. The bill would
require the Superintendent to determine which assessments, if any,
meet specified requirements, and would require the assessments to be
used for certain purposes. The bill would require the state board to
approve assessment blueprints, assessment performance descriptors,
and performance-level cut scores based on standard settings. The bill
would require the Superintendent to report to the appropriate policy
committees of the Legislature when the assessments are ready for
their initial administration. The bill would make the above-described
provisions of existing law inoperative when the Superintendent makes
this report, and would repeal those provisions the following January
1. The bill, after the Superintendent reports to the appropriate
policy committees of the Legislature, would require the summative
assessment to be conducted annually during a 4-month period after
January 1 determined by the Superintendent with the approval of the
state board and the assessment for initial identification to be
conducted upon the initial enrollment of a pupil.
(2) Existing law requires the State Board of Education to adopt
basic instructional materials for use in kindergarten and grades 1 to
8, inclusive, for governing boards, as specified. Existing law also
requires the state board to adopt and approve academic content
standards for language arts and for English language development for
pupils whose primary language is a language other than English.
This bill would authorize the state board to adopt basic
instructional materials for kindergarten and grades 1 to 8,
inclusive, that are aligned to those standards for language arts and
English language development by no later than November 30, 2015. The
bill would, among other things, require the State Department of
Education, before conducting an adoption of basic instructional
materials for language arts and English language development, to
provide notice, as specified, to all publishers or manufacturers that
each publisher or manufacturer is required to pay a fee, as
specified, to offset the cost of conducting the adoption process.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature, in enacting
this act, to continue the implementation of the common core academic
content standards by ensuring the adoption of instructional materials
that are aligned to the common core academic content standards for
language arts and by providing local educational agencies flexibility
in their use of instructional materials.
(b) It is further the intent of the Legislature that this adoption
of instructional materials will meet the needs of English learners
by requiring alignment of the materials to the English language
development standards adopted pursuant to Section 60811.3, as it read
on June 30, 2013, of the Education Code.
(c) It is further the intent of the Legislature to ensure that
school districts have access to as many high-quality
standards-aligned instructional material options as possible, so that
educators may have as many rigorous options in choosing the best
instructional materials that meet the needs of all pupils, including
English learners and pupils with disabilities, and that ensure that
their pupils are able to master the academic content standards
adopted by the State Board of Education pursuant to Section 60605.8
of the Education Code.
SEC. 2. 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 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 assessment shall be conducted annually during a period
that commences on the day upon which 55 percent of the instructional
year is completed through July 1 of that calendar year. Annual
assessments shall continue until the pupil is redesignated as English
proficient. The annual assessment shall primarily utilize 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.
(3) The assessment 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.
(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 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) 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) This section shall remain in effect only until the
Superintendent reports to the appropriate policy committees of the
Legislature pursuant to paragraph (2) of subdivision (h) of Section
60810 as added by the chapter that added this subdivision during the
2013-14 Regular Session, and as of January 1 of the following year,
this section is repealed.
SEC. 3. Section 313 is added to the Education Code, 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 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 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 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) 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) This section shall become operative when the Superintendent
reports to the appropriate policy committees of the Legislature
pursuant to paragraph (2) of subdivision (h) of Section 60810 as
added by the chapter that added this subdivision during the 2013-14
Regular Session.
SEC. 4. Section 60211 is added to the Education Code, to read:
60211. (a) Notwithstanding subdivision (a) of Section 60200 and
Section 60200.7, the state board may adopt basic instructional
materials for kindergarten and grades 1 to 8, inclusive, that are
aligned to the language arts content standards adopted pursuant to
Section 60605.8 and the English language development standards
adopted pursuant to Section 60811.3, as it read on June 30, 2013, by
no later than November 30, 2015.
(b) For purposes of conducting an adoption of basic instructional
materials pursuant to subdivision (a), all of the following shall
apply:
(1) (A) The department shall provide notice, pursuant to
subparagraph (B), to all publishers or manufacturers known to produce
basic instructional materials in language arts and English language
development, post an appropriate notice on its Internet Web site, and
take other reasonable measures to ensure that appropriate notice is
widely circulated to potentially interested publishers and
manufacturers.
(B) The notice provided pursuant to subparagraph (A) shall specify
that each publisher or manufacturer choosing to participate in the
adoption shall be assessed a fee based on the number of programs the
publisher or manufacturer indicates will be submitted for review and
the number of grade levels proposed to be covered by each program.
(2) The department, before incurring substantial costs for the
adoption, shall require that a publisher or manufacturer that wishes
to participate in the adoption first declare the intent to submit one
or more specific programs for adoption and specify the specific
grade levels to be covered by each program.
(3) After a publisher or manufacturer has declared the intent to
submit one or more programs and the grade levels to be covered by
each program, the department shall assess a fee that shall be payable
by the publisher or manufacturer even if the publisher or
manufacturer subsequently chooses to withdraw a program or reduce the
number of grade levels covered.
(4) The fee assessed pursuant to paragraph (3) shall be in an
amount that does not exceed the reasonable costs to the department in
conducting the adoption process. The department shall take
reasonable steps to limit costs of the adoption and to keep the fee
modest.
(5) A submission by a publisher or manufacturer shall not be
reviewed for purposes of adoption until the fee assessed pursuant to
paragraph (3) has been paid in full.
(6) (A) Upon the request of a small publisher or small
manufacturer, the state board may reduce the fee for participating in
the adoption.
(B) For purposes of this section, "small publisher" and "small
manufacturer" mean an independently owned or operated publisher or
manufacturer that is not dominant in its field of operation and that,
together with its affiliates, has 100 or fewer employees, and has
average annual gross receipts of ten million dollars ($10,000,000) or
less over the previous three years.
(7) If the department determines that there is little or no
interest in participating in an adoption by publishers and
manufacturers, the department shall recommend to the state board
whether or not the adoption shall be conducted, and the state board
may choose not to conduct the adoption.
(8) Revenue derived from fees assessed pursuant to paragraph (3)
shall be budgeted as reimbursements and subject to review through the
annual budget process, and may be used to pay for costs associated
with any adoption and for any costs associated with the review of
instructional materials, including reimbursement of substitute costs
for teacher reviewers and may be used to cover stipends for content
review experts.
SEC. 5. Section 60810 of the Education Code is amended to read:
60810. (a) (1) The Superintendent shall review existing tests
that assess the English language development of pupils whose primary
language is a language other than English. The tests shall include,
but not be limited to, an assessment of achievement of these pupils
in English reading, speaking, and written skills. The Superintendent
shall determine which tests, if any, meet the requirements of
subdivisions (b) and (c). If any existing test or series of tests
meets these criteria, the Superintendent, with approval of the state
board, shall report to the Legislature on its findings and
recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meets
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2000-01 school year.
(4) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivision (d).
The state board shall establish the amount of funding to be
apportioned per test administered, based on a review of the cost per
test.
(5) An adjustment to the amount of funding to be apportioned per
test is not valid without the approval of the Director of Finance. A
request for approval of an adjustment to the amount of funding to be
apportioned per test shall be submitted in writing to the Director of
Finance and the chairpersons of the fiscal committees of both houses
of the Legislature with accompanying material justifying the
proposed adjustment. The Director of Finance is authorized to approve
only those adjustments related to activities required by statute.
The Director of Finance shall approve or disapprove the amount within
30 days of receipt of the request and shall notify the chairpersons
of the fiscal committees of both houses of the Legislature of the
decision.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, and, once an assessment
is developed, early literacy skills. The early literacy assessment
shall be administered for a period of four years beginning after the
initial administration of the assessment or until July 1, 2014,
whichever occurs first. Six months after the three administered
assessments are collected, but no later than June 30, 2013, the
department shall report to the Legislature on the administration of
the kindergarten and grade 1 early literacy assessment results, as
well as on the administrative process, in order to determine whether
reauthorization of the early literacy assessment is appropriate.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early literacy
skills. The department shall ensure that the test and procedures for
its administration are age and developmentally appropriate. Age and
developmentally appropriate procedures for administration may
include, but are not limited to, one-on-one administration, a small
group setting, and orally responding or circling a response to a
question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(3) Be capable of administration to pupils with any primary
language other than English.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils who are limited English proficient.
(2) To determine the level of English language proficiency of
pupils who are limited English proficient.
(3) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
English.
(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
required to retake those portions of the test that measure English
language skills for which he or she has previously tested as advanced
within each appropriate grade span, as determined by the department
in accordance with paragraph (8) of subdivision (c).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to
12, inclusive, shall not be required to retake those portions of the
test that measure English language skills for which he or she has
previously tested as early advanced or advanced.
(3) This subdivision shall not be implemented until the test
publisher's contract that is in effect on January 1, 2012, expires.
(4) This subdivision shall not be implemented unless and until the
department receives written documentation from the United States
Department of Education that implementation is permitted by federal
law.
(f) This section shall remain in effect only until the
Superintendent reports to the appropriate policy committees of the
Legislature pursuant to paragraph (2) of subdivision (h) of Section
60810 as added by the chapter that added this subdivision during the
2013-14 Regular Session, and as of January 1 of the following year,
this section is repealed.
SEC. 6. Section 60810 is added to the Education Code, to read:
60810. (a) (1) The Superintendent shall review existing
assessments that assess the English language development of pupils
whose primary language is a language other than English. The
assessment for initial identification and the summative assessment
shall include, but not be limited to, an assessment of achievement of
these pupils in English reading, speaking, and written skills. The
Superintendent shall determine which assessments, if any, meet the
requirements of subdivisions (b) to (f), inclusive. If any existing
assessment or series of assessments meets these criteria, the
Superintendent, with approval of the state board, shall report to the
Legislature on its findings and recommendations.
(2) If no suitable assessment exists, the Superintendent shall
explore the option of a collaborative effort with other states to
develop an assessment or series of assessments and share assessment
development costs. If no suitable assessment exists, the
Superintendent, with the approval of the state board, shall either
release a request for proposals for the development of an assessment
or series of assessments that meets the criteria of subdivisions (b)
to (f), inclusive, or contract to modify an existing assessment or
series of assessments so that it will meet the requirements of
subdivisions (b) to (f), inclusive. The state board shall approve
assessment blueprints, assessment performance descriptors, and
performance-level cut scores based on standard settings.
(3) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivisions (c)
and (d). The state board shall establish the amount of funding to be
apportioned per assessment administered, based on a review of the
cost per assessment for initial identification and summative
assessment purposes.
(4) An adjustment to the amount of funding to be apportioned per
assessment is not valid without the approval of the Director of
Finance. A request for approval of an adjustment to the amount of
funding to be apportioned per assessment shall be submitted in
writing to the Director of Finance and the chairpersons of the fiscal
committees of both houses of the Legislature with accompanying
material justifying the proposed adjustment. The Director of Finance
is authorized to approve only those adjustments related to activities
required by statute. The Director of Finance shall approve or
disapprove the amount within 30 days of receipt of the request and
shall notify the chairpersons of the fiscal committees of both houses
of the Legislature of the decision.
(b) (1) The assessment or series of assessments developed or
acquired pursuant to subdivision (a) shall have sufficient range to
assess pupils in grades 2 to 12, inclusive, in English listening,
speaking, reading, and writing skills. Pupils in kindergarten and
grade 1 shall be assessed in English listening and speaking, and,
once an assessment is developed, early literacy skills. Six months
after the results of three administrations are collected, but no
later than June 30, 2013, the department shall report to the
Legislature on the administration of the kindergarten and grade 1
early literacy assessment results, as well as on the administrative
process, in order to determine whether reauthorization of the early
literacy assessment is appropriate.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early literacy
skills. The department shall ensure that the assessment and
procedures for its administration are age and developmentally
appropriate. Age and developmentally appropriate procedures for
administration may include, but are not limited to, one-on-one
administration, a small group setting, and orally responding or
circling a response to a question.
(3) The assessment for initial identification developed or
acquired pursuant to subdivision (a) shall have sufficient range to
identify if the pupil is an English learner, as defined by Section
306.
(c) The assessment for initial identification shall meet all of
the following requirements:
(1) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(2) Be capable of administration to pupils with any primary
language other than English.
(3) Be capable of administration by classroom teachers.
(4) Not discriminate on the basis of race, ethnicity, or gender.
(5) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811.3, as it read
on June 30, 2013.
(6) Be age and developmentally appropriate for pupils.
(d) The assessment for initial identification shall be used to
identify pupils who are limited English proficient.
(e) The summative assessment shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of proficiency ranging from no English
proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Yield scores that allow comparison of the growth of a pupil
over time, that may be tied to readiness for various instructional
options, and that may be aggregated for use in the evaluation of
program effectiveness.
(3) Have psychometric properties of reliability and validity
deemed adequate by technical experts.
(4) Be capable of administration to pupils with any primary
language other than English.
(5) Be capable of administration by classroom teachers.
(6) Not discriminate on the basis of race, ethnicity,
or gender.
(7) Be aligned with the standards for English language development
adopted by the state board pursuant to Section 60811.3, as it read
on June 30, 2013.
(8) Be age and developmentally appropriate for pupils.
(f) The summative assessment shall be used for both of the
following purposes:
(1) To identify the level of English language proficiency of
pupils who are limited English proficient.
(2) To assess the progress of limited-English-proficient pupils in
acquiring the skills of listening, reading, speaking, and writing in
English.
(g) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
required to retake those portions of the assessment that measure
English language skills for which he or she has previously tested as
advanced within each appropriate grade span, as determined by the
department in accordance with paragraph (8) of subdivision (e).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to
12, inclusive, shall not be required to retake those portions of the
assessment that measure English language skills for which he or she
has previously tested as early advanced or advanced.
(3) This subdivision shall not be implemented unless and until the
department receives written documentation from the United States
Department of Education that implementation is permitted by federal
law.
(h) (1) The Superintendent shall not administer an assessment for
initial identification or a summative assessment pursuant to this
section until both assessments are developed and adopted by the state
board.
(2) The Superintendent shall report to the appropriate policy
committees of the Legislature when the assessments are ready for
their initial administration.