Bill Text: CA SB750 | 2015-2016 | Regular Session | Amended

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

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Bill Title: English language education: English learners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-08 - Chaptered by Secretary of State. Chapter 660, Statutes of 2015. [SB750 Detail]

Download: California-2015-SB750-Amended.html

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BILL NUMBER: SB 750	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 1, 2015
	AMENDED IN SENATE  MAY 12, 2015
	AMENDED IN SENATE  APRIL 15, 2015

INTRODUCED BY   Senator Mendoza

                        FEBRUARY 27, 2015

   An act to amend Sections  313.1, 313.2, and 51461
  313.1 and 3   13.2  of the Education
Code, relating to English language education.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 750, as amended, Mendoza. English language education: English
 learners: State Seal of Biliteracy.   learners.

   (1) 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 the pupil's 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 defines "long-term English learner" as 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 6 years, has
remained at the same English language proficiency level for 2 or more
consecutive years as determined by a specified English language
development test, or any successor test, and scores far below basic
or below basic on a certain English language arts standards-based
achievement test, or any successor test.
   This bill would revise that definition to instead mean, except as
specified, an English learner who is enrolled in any of grades 6 to
12, inclusive, who has been enrolled in schools in the United States
for 6 years or more, has remained at the same English language
proficiency level for 2 or more consecutive prior years, or has
regressed to a lower English language proficiency level, as
determined by the specified English language development test, or
 a score determined by the Superintendent of Public Instruction
on  any successor test, and, for a pupil in any of grades 6 to
9, inclusive, scored far below basic or below basic on the specified
English language arts standards-based achievement test, or 
an equivalent   a  score  determined by the
Superintendent  on any successor test.  The bill would
encourage the Superintendent to revisit the score determined for any
successor test after 3 years of assessment data on the successor
test. 
   (2) Existing law defines an "English learner at risk of becoming a
long-term English learner" as an English learner who is enrolled in
any of grades 5 to 11, inclusive, in schools in the United States for
4 years, scores at the intermediate level or below on the specified
English language development test, or any successor test, and scores
in the 4th year at the below basic or far below basic level on a
certain English language arts standards-based achievement test, or
any successor test.
   This bill would revise that definition to instead mean, except as
specified, an English learner who is enrolled in any of grades 3 to
12, inclusive, in schools in the United States for 4 to 5 years,
scored at the intermediate level or below on the specified English
language development test, or  a score determined by the
Superintendent on  any successor test, and, for a pupil in any
of grades 3 to 9, inclusive, scored in the 4th or 5th year at the
below basic or far below basic level on the specified English
language arts standards-based achievement test, or  an
equivalent   a  score  determined by the
Superintendent  on any successor test.  The bill would
encourage the Superintendent to revisit the score determined for any
successor test after 3 years of assessment data on the successor
test. 
   (3) Existing law requires the department to annually ascertain and
provide to school districts and schools the number of pupils in each
school district and school, as specified, who are, or are at risk of
becoming, long-term English learners.
   This bill would also require the department to 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. 
   (4) 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.  
   This bill would add to that criterium relating to the California
Standards Test in English language arts the alternative option of
scoring a level 3 or higher on the California Assessment of Student
Performance and Progress in English language arts administered in
grade 11, or an equivalent score on any successor test. 
   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.  Section 313.1 of the Education Code is amended to read:

   313.1.  For purposes of this article, the following terms have the
following meanings:
   (a) (1) "Long-term English learner" means an English learner to
which all of the following apply:
    (A) Is enrolled in any of grades 6 to 12, inclusive.
   (B) Has been enrolled in schools in the United States for six
years or more.
   (C) Has remained at the same English language proficiency level
for two or more consecutive prior years, or has regressed to a lower
English language proficiency level, as determined by the English
language development test identified or developed pursuant to Section
60810, or  a score determined by the Superintendent on  any
successor test.
   (D) For a pupil in any of grades 6 to 9, inclusive, has scored far
below basic or below basic on the prior year's English language arts
standards-based achievement test administered pursuant to Section
60640, or  an equivalent   a  score 
determined by the Superintendent  on any successor test.
   (2) A pupil for which the required testing results are not
available for either subparagraph (C) or (D) of paragraph (1) shall
not have that criteria applied and such pupil shall not be excluded
based on that criteria.
   (b) (1) "English learner at risk of becoming a long-term English
learner" means an English learner to which all of the following
apply:
   (A) Is enrolled in any of grades 3 to 12, inclusive.
   (B) Has been enrolled in schools in the United States for four to
five years.
   (C) Has scored at the intermediate level or below on the prior
year's English language development test identified or developed
pursuant to Section 60810, or  a score determined by the
Superintendent on  any successor test.
   (D) For a pupil in any of grades 3 to 9, inclusive, has scored in
the fourth or fifth year at the below basic or far below basic level
on the prior year's English language arts standards-based achievement
test administered pursuant to Section 60640, or  an
equivalent  a  score  determined by the
Superintendent  on any successor test.
   (2) A pupil for which the required testing results are not
available for either subparagraph (C) or (D) of paragraph (1) shall
not have that criteria applied and such pupil shall not be excluded
based on that criteria. 
   (3) The Superintendent is encouraged to revisit a score determined
for any successor test pursuant to subparagraphs (C) and (D) of
paragraph (1) of subdivision (a) and subparagraphs (C) and (D) of
paragraph (1) of this subdivision after three years of assessment
data on the successor test.
  SEC. 2.  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. 
  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 or scoring
a level 3 or higher on the California Assessment of Student
Performance and Progress in English language arts administered in
grade 11 pursuant to Section 60640, or an equivalent score on any
successor test.
   (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.