BILL NUMBER: AB 1206 ENROLLED 09/05/97
An act to add Section 30.5 to the Education Code, relating toeducation.
AB 1206, Martinez. Education: bilingual education.
(1) Existing law authorizes the offering of bilingual education in those situations when this instruction is educationally advantageous to pupils.
This bill would, notwithstanding any other provision of law,define bilingual education as a system of instruction which builds upon the language skills of a pupil whose primarylanguage is neither English nor derived from English, as defined. The bill would prohibit school districts from utilizing, as part of a bilingual education program, state fundsor resources for the purpose of recognition of, or instructionin, any dialect, idiom, or language derived from English, as defined in the bill.
The bill would impose a state-mandated local program by requiring each school district to submit a written report,including specified information relating to the expenditure, as of January 1, 1996, of state funds for the purpose ofrecognition of, or instruction in, any dialect, idiom, or language derived from English, as specified, on or before June 1, 1998. The bill would require any school district that has utilized state funds for these purposes to restore these funds, as specified, prior to January 1, 1999.
(2) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandatesthat do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
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.
SECTION 1. Section 30.5 is added to the Education Code, to read:
30.5. (a) (1) Notwithstanding any other provision of law, bilingual education shall be defined as a system of instruction which builds upon the language skills of a pupil whose primary language is neither English nor derived from English. For purposes of this paragraph:
(A) "Primary language" is a language, other than English or a language derived from English, which is the language the pupil first learned.
(B) "Derived from English" means any dialect, idiom, or language derived from English. Both of the following shall be construed as being derived from English:
(i) Any dialect, idiom, or language that has linguistic roots connected to English.
(ii) Any dialect, idiom, or language that has a syntax distinct from English, yet can be traced linguistically as derived from English.
(2) A school district shall not utilize, as part of a bilingual education program, state funds or resources for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English, as defined in paragraph(1).
(b) On or before June 1, 1998, each school district shall submit a written report to the Legislature and the State Board of Education relating to both of the following:
(1) The amount of state funds that the school district has diverted, as of January 1, 1996, from bilingual education programs for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English.
(2) The amount of state funds that the school district has expended, as of January 1, 1996, as part of a bilingual program, for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English.
(c) Any school district that has utilized state funds for either of the purposes set forth in paragraphs (1) and (2) of subdivision (b) shall restore all of the funds expended for these purposes to its bilingual program prior to January 1,1999.
SEC. 2. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.