SB 6 Bilingual education: English learners.

BILL NUMBER: SB 6 AMENDED 03/23/98

INTRODUCED BY Senator Alpert (Coauthor: Senator Schiff) (Coauthors: Assembly Members Firestone Alquist, Firestone and Lempert)

DECEMBER 2, 1996

An act to amend Sections 62000.2 and 62002.5 of, and to repeal and add Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of, the Education Code, relating to bilingual education.

LEGISLATIVE COUNSEL'S DIGEST

SB 6, as amended, Alpert. Bilingual education: English learners.

(1) Existing

Existing law expresses the Legislature's findings regarding the needs of California school pupils whose primary language is not English, and the Legislature's intent that the Commission on Teacher Credentialing implement an assessment system to certify those teachers who have the essential skills and knowledge necessary to meet the needs of California's limited-English-proficient pupils.

This bill would delete this existing statement of intent and instead make new findings and declare, among other things, that programs for instructional services for English learners shall develop fluency in English in each child as well as the child's academic skills in core curriculum.

(2) Existing

Existing law, which is presently inoperative, establishes the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 and specifies that the purpose of the act is to require school districts to offer bilingual learning opportunities to each pupil of limited English proficiency enrolled in the public schools.

This bill would repeal the act and would establish a new program of instructional services for English learners, to be known as the Alpert-Firestone English Learners Education Reform Act of 1998, to become operative if funding is provided, as specified, and to that would become inoperative on January 1, 2007 2008 . The bill would require the State Department of Education to periodically regularly collect statistical information and bona fide research on regarding English learner instructional methodologies and to compile this material into a compendium of information to be distributed to school districts on an annual basis annually . The bill would define an "English learner" to be a pupil who does not have the communication and academic skills necessary to participate effectively in a curriculum designed for pupils of the same age and grade level whose native language is English. The bill would require the State Board of Education to develop adopt regulations to, among other things, establish guidelines for school districts to use in ascertaining the number of English learners, their classification primary language, age, and grade level , guidelines for school districts , as specified , and procedures for parents to appeal a determination that their child is an English learner. The bill would also require the board to establish guidelines and procedures for schools to use in determining when an English learner has developed the communication and academic skills necessary to participate effectively in the school curriculum.

This bill would require the governing board of the school district to notify the parent or guardian of an English learner of, among other things, the results of the assessment of the English learner's language skills and the purpose, structure, and methods of the instructional services that will be offered.

The bill would require the school district to provide the parent or guardian of a pupil who has been determined to have a primary language other than English with an opportunity for consultation regarding the recommended instructional services and would require , to the extent practicable, the school district to communicate the notice in the primary language of the pupil. The bill would permit a parent or guardian whose child or ward has been or will be enrolled in a program of instructional services for English learners to withdraw the child or ward from the program by written notice to the principal of the school. The bill would permit the school district to deny the request or take other measures if the transfer would violate a court-ordered or voluntary desegregation plan, but the bill would require that, in the event if a school district denies a request for withdrawal, the burden of proof as to the merits of that denial rests with the district.

This bill would require each school district to develop the type of instructional services to best accomplish the goals of English language development for English learners, and would require the Superintendent of Public Instruction to develop and make available materials for designed to assist school districts to use in selecting the appropriate instructional program for their English learners , as defined . The bill would require each school district to determine the method of, or approach to, instructing English learners, as defined, that the district will adopt in order the program, among other things, to develop proficiency as effectively and efficiently as possible in order to ensure timely transition into the regular school curriculum and in order to provide each pupil with an equal opportunity for academic achievement, and to enable each pupil to acquire the knowledge and skills to successfully compete in the work force and to actively participate in a democratic culture. The

The bill would require a school district to annually assess the English language proficiency and the academic skills of each English learner , as specified , and would require the State Department of Education to report annually to the Legislature on or before January 1, 1999, on , among other things, the status of the assessment changes required by this bill , as specified, and on and the number and percentage of English learners who have been reclassified as English proficient.

This bill would require the establishment of school and district advisory committees , as specified, to advise the school administration and the governing board of the school district, respectively, on all aspects of instructional services for English learners. The bill would require school districts to provide specified training and support services to the members of these committees.

This bill would require the State Department of Education, with the approval of the State Board of Education , to develop pupil performance and achievement standards for English learners, for use by school districts, as specified, and require the State Board of Education and the Superintendent of Public Instruction to approve revisions to adopt guidelines and procedures to determine the progress made by English learners and to establish regulations in that regard . The bill would require a school district's district to revise its English learner program when the English learners in a school district fail to make demonstrate progress toward meeting the standards by a specified time acquiring proficience in English or academic achievement at grade level, or both, or when former English learners fail to demonstrate academic achievement at the district average .

This bill would require the Superintendent of Public Instruction, with the approval of the State Board of Education, to prescribe methods by which each school district would be required to conduct , as specified, a census of English learners by ascertaining their actual total number within the district, classifying them according to primary language, age, and grade level, and assessing the language skills of all pupils whose primary language is a language other than English. The bill would provide that the primary language determination, unless appealed by a parent or guardian, would only be required once. The bill would require each school district to report the results of the census to the State Department of Education, which would review the results and audit the census if the accuracy of the census is questioned , as specified .

The bill would require the State Department of Education, on the basis of criteria regulations adopted by the State Board of Education, to review the plans and progress reports submitted by specified school districts 2 years after the commencement of the program effective date of this bill . The bill would require the State Department of Education to conduct a compliance review of some of those school districts 4 years after the commencement of the program as specified effective date of this bill .

This bill would require the State Department of Education to contract for award contracts to provide a comprehensive evaluation of the methodological approaches and longitudinal outcomes of instructional services for English learners, and would require an interim report to be submitted to the Legislature no later than January 1, 2004 2005 , and a final report submitted no later than November 1, 2005 2006 .

To the extent this bill would impose new requirements on school districts that exceed the requirements of federal law regarding bilingual education, it would impose a state-mandated local program.

(3) 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 mandates that 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

SECTION 1. Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of the Education Code is repealed.

SEC. 2. Article 3 (commencing with Section 52160) is added to Chapter 7 of Part 28 of the Education Code, to read:

Article 3. Instructional Services for English Learners

52160. This article shall be known and may be referred to as the Firestone-Alpert English Learners Education Reform Act of 1998.

52160.1. The Legislature finds and declares that all programs under this article shall , as effectively and efficiently as possible, develop fluency in English in each child, as well as his or her academic skills in the core curriculum develop English learners' proficiency in English as effectively and efficiently as possible, enable English learners to demonstrate academic achievement in the core academic curriculum at a level equivalent to other pupils in the district of the same grade level, and then enable English learners to continue to make progress towards the academic content and performance standards developed by the school district using state standards as a model pursuant to Section 60618 . The programs shall also provide positive reinforcement of the self-confidence of participating pupils, promote crosscultural understanding, and provide each pupil with the equal opportunity for academic achievement. The programs shall be based upon a sound educational theory, recognized in the educational community as a legitimate education strategy , and may include, but not be limited to, bilingual late exit instruction in the primary language of the English learner, bilingual early exit instruction in the primary language of the English learner, double immersion, English immersion, and specially designed academic instruction in English.

52160.2. Notwithstanding any other provisions of law, the policies expressed in this article regarding programs for English learners are the exclusive policies for programs for English learners. These policies are based on federal laws and on court decisions that interpret those laws. .

52160.2. Recognizing that this article must be implemented in a manner consistent with relevant federal laws and court decisions interpreting those laws, the requirements of this article supersede all policies, guidelines and regulations concerning the identification of, assessment of, and services provided to English learners in effect on the date that this section takes effect.

52160.5. The State Department of Education shall periodically regularly collect statistical information and bona fide research on regarding English learner instructional methodologies and compile this material into a compendium of information. This compendium shall be distributed to school districts on an annual basis so that governing boards of school districts may make informed decisions about the best approaches to instructional services for English learners.

52161. As used in this article:

(a) "Double immersion" means a program in which pupils whose primary language is English and pupils who are English learners receive instruction in both English and a second language, with the objective of attaining bilingual literacy for both groups.

(b) "English immersion" means a program in which pupils who are English learners receive instruction in English with the necessary support services in the core academic curriculum.

(c) for inclusion in a compendium to be distributed to school districts annually. The governing board of a school district shall consider this information when determining the most effective and appropriate instructional services for its English learners.

52161. As used in this article:

(a) "English learner" means a pupil who does not have the communication and academic skills necessary to participate effectively in a curriculum designed for pupils of the same age and grade level whose native language is English. An English learner is determined by the English language development test that is provided by the State Department of Education pursuant to subdivision (c) of Section 52166 and administered by the school district in which the English learner is a pupil.

(d) identified or developed by the Superintendent of Public Instruction pursuant to Section 60810 and administered by the school district in which the English learner is enrolled or by alternative means when necessary. Pupils previously identified as "limited-English-proficient" shall be known as English learners.

(b) "Instructional services" means any method of, or approach to, instructing English learners that is recognized as a legitimate educational strategy for facilitating English language acquisition and access to the developing among English learners a level of English language proficiency and achievement in the core academic curriculum comparable to other pupils of the same grade level in the school district in which the English learner is enrolled . Nothing in this subdivision shall be construed to require that a school district adopt a specific program.

(e)

(c) "Submersion" means that program in which the English learners in a school district receive no assistance in developing language skills or are not provided with access to the core curriculum , thereby denying those pupils a meaningful opportunity to participate in the educational program offered by that school district in violation of federal law .

(d) "Core curriculum" means the subject matter courses of language arts including literacy development (reading and writing), mathematics, history-social science (social studies), and science.

52162. Any program developed pursuant to this article shall have the following goals:

(a) Developing proficiency in English for each pupil, as effectively and efficiently as possible, in order to ensure a timely transition into the regular school curriculum.

(b) Providing each pupil with an equal opportunity for academic achievement, including academic instruction through the primary language, if the assessment conducted pursuant to Section 52166 indicates that the pupil cannot benefit from instruction solely in English. Any determination made pursuant to this subdivision shall be made in conformity with the guidelines established pursuant to paragraph (4) of subdivision (a) of Section 52163 and shall be consistent with the programmatic requirements of this article. At the end of a pupil's third year of enrollment in a program offered pursuant to this article, a program shall strive to redesignate, pursuant to the procedures and criteria established in Section 52165.1, an English learner as an English proficient pupil and place the pupil in classes where the pupil will follow the regular school curriculum.

(b) Ensuring that each English learner develops proficiency in English and can demonstrate achievement in the core academic curriculum at a level comparable to other pupils of the same grade level in the school district in which the English learner is enrolled.

(c) Enabling each pupil to acquire the knowledge and skills to successfully compete in the work force and to actively participate in a democratic culture.

(d) Recognizing the rich cultural and linguistic diversity that English learners contribute to California.

52163. (a) Within 120 days from the date this article becomes operative, the State Board of Education shall adopt regulations to do the following:

(1) Establish guidelines for school districts to use in ascertaining the number of English learners and their classification primary language, age, and grade level pursuant to Section 52165.

(2) Establish guidelines and procedures for school districts to use in performing during the census-taking process prescribed in Sections 52165 and 52166.

(3) Establish guidelines and procedures for school districts to use pursuant to Section 52165.1 in determining when English learners have developed the when an English learner has developed the communication and academic skills necessary to participate effectively in a curriculum designed for pupils of the same age whose native language is English. other pupils in the district of the same age and grade level.

(4) Establish guidelines for school districts to use in determining the level of pupil performance on the assessment conducted pursuant to Section 52166 that would indicate that the pupil cannot benefit from instruction conducted solely in English.

(5) Establish guidelines and procedures to determine those districts which fail to make progress toward meeting the standards approved by the State Board of Education which districts fail to demonstrate sufficient progress pursuant to Section 52170.

(6) Establish procedures for a parent to appeal the results of the district-administered assessment test pursuant to paragraph (2) of subdivision (a) of Section 52166.

(b) The Superintendent of Public Instruction shall develop and make available to school districts a variety of materials that will designed to assist districts in selecting the appropriate instructional program that meets the requirements of this article, including material that describes model programs, research results findings , accurate assessment tools, and other technical assistance.

52164. (a) Each school district shall determine the type of instructional services to best accomplish the goals of English language development and academic achievement in order to meet the needs of the English learner pupil population of each school district. In choosing, designing, and implementing its program programs for English learners, a school district shall consult with the district advisory committee established pursuant to Section 52168 to ensure all of the following:

(1) The program is based on a sound educational theory that is recognized in the education community as a legitimate educational strategy, including, but not limited to, bilingual late exit instruction in the primary language of the English learner, bilingual early exit instruction in the primary language of the English learner, double immersion, English immersion, and specially designed academic instruction in English. limited to, English language development designed to address the full range of listening, speaking, reading, and writing skills needed by English learners to be successful in school and later in adult life and instructional delivery approaches designed to provide English learners with full access to the core curriculum.

(2) The instructional services for English learners are appropriate for the age and grade level of the pupils and are delivered in a manner that allows English learners to meet grade level promotional and graduation standards established by the district. School districts may use multiple strategies in crafting their programs under this article. The Legislature finds and declares that submersion is not a sound educational theory for teaching English learners. The use of submersion under this article is therefore prohibited.

(2)

(3) Each school in the school district has services, policies, and resources in place that will implement effectively the chosen educational strategy.

(3)

(4) The school district's ongoing assessment of its English learner language program demonstrates that pupils are making progress in overcoming language barriers, or that it is revising its program to achieve that the services provided to English learners provides adequate information, disaggregated by school, instructional program, and level of proficiency in English, to demonstrate whether pupils are making progress towards becoming proficient in English and are making progress towards academic achievement and performance equivalent to other pupils in the district at the same grade level in the core curriculum or that program revisions are planned to achieve that goal.

(4)

(5) The program adopted by the school district pursuant to this section shall maintain compliance with any requirements mandated by federal law for purposes of ensuring continued federal financial assistance.

(b) In selecting a program, the school district shall consider at least all a minimum each of the following:

(1) The number of languages spoken in the district.

(2) The percentage of pupils who speak each language.

(3) The cultural, socioeconomic, and educational background of pupils.

(4) The educational preferences of the parents.

(5) The number, experience, and training of those teachers in the school district that provide instructional services to English learners. A school district shall consider this paragraph in the context of its responsibility to implement a long-term strategy to recruit appropriately trained teachers and to provide appropriate training to current teachers as required by its program for English learners.

(c) All Notwithstanding any other provision of this article, all English learners shall receive daily instruction in English language development appropriate for their individual level of English language proficiency . Programs established for English learners shall not, in total, result in the isolation or segregation of pupils. This prohibition does not apply to limited breakouts for specific academic purposes. and each school district shall make a reasonable effort to provide each pupil with support from a trained individual who speaks his or her primary language if the assessment conducted pursuant to Section 52166 indicates that the pupil would benefit from this assistance. Each school shall take affirmative steps to integrate English learners. This obligation does not prohibit groupings of English learners into classes specially designed to meet the educational needs of English learners.

52164.5. School districts shall assign qualified teachers to provide instructional services to English learners. Qualified teachers are those who hold the appropriate teaching authorization from the Commission on Teacher Credentialing or who hold a certificate issued pursuant to Section 44253.3, 44253.4, 44253.7, or 44253.10. Whenever a school district experiences a shortage of qualified teachers, it is the responsibility of the school district to develop and make efforts to implement a plan to close the gap between staffing needs and available teachers.

52165. (a) Each school district shall ascertain, not later than March 1 of each year, under regulations adopted by the State Board of Education pursuant to Section 52163, the total number of English learners within the district, and shall classify those pupils according to primary language, age, and grade level. This accounting shall be known as the "census of pupils who are English learners" and shall consist of a determination of the primary language of each pupil enrolled in the school district and an assessment of the language skills of all pupils whose primary language is other than English. In ascertaining the total number of English learners within the school district, a school district shall not consider the funding made available to the school district for the purpose of providing instructional services to English learners.

(b) The census shall be taken by an individual, actual count, and not by estimates or by sample. All English learners, including migrant and special education pupils, shall be counted. Special language assessment instruments designated by the Superintendent of Public Instruction, and in compliance with the requirements of subdivision (j) of Section 56001, may be used for special education pupils. The results of this census shall be reported to the State Department of Education not later than April 30 of each year. The census for the previous year shall be updated to include new enrollees and to eliminate pupils who no longer attend school in the school district, and shall be reported pursuant to Section 52166.

52165.1. Each school district in which English learners are enrolled shall establish procedures and criteria for the reclassification redesignation of English learners as English-proficient pupils, under in accordance with regulations adopted by the State Board of Education pursuant to Section 52163.

(a) The reclassification redesignation criteria shall, at a minimum, utilize multiple criteria, including, but not limited to, all of the following:

(1) Teacher evaluation, including a review of the pupil's English learner's curriculum mastery.

(2) Objective assessment of language proficiency and reading and writing skills of the English learner , including the results of the English language development test that is provided by the State Department of Education pursuant to subdivision (c) of Section 52166 and administered by the school district. administered annually pursuant to Section 52166.

(3) Parental opinion and consultation.

(4) An empirically established range of performance in basic skills, based on English-proficient pupils of the same age grade level , which demonstrates that the pupil English learner is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English.

(5) Objective assessment of pupil performance and achievement, as compared to the pupil performance standards approved by the State Board of Education pursuant to subdivision (a) of Section 52170. other pupils in the district who are at the same grade level and who are not English learners.

(5) An objective assessment of the English learner's performance and achievement as compared to the performance and achievement of other pupils in the district at the same grade level, including the results of the tests administered pursuant to Section 60642.

(b) In no event shall the reclassification redesignation criteria include a consideration of the funding made available to the school district for the purpose of providing instructional services to English learners.

52166. (a) The Superintendent of Public Instruction, with the approval of the State Board of Education, shall prescribe census-taking methods applicable to all school districts in the state, which shall include, but need not be limited to, all of the following:

(1) A determination of the primary language of each pupil enrolled in the school district. The primary language of new pupils shall be determined when they are enrolled. Once determined, the primary language of a pupil need not be redetermined unless the except upon parent or guardian claims there is of an error. Primary language determinations are required only once, unless the results are disputed by a parent or guardian disputes the results .

(2) An assessment of the language skills of all pupils whose primary language is other than English, using the English language development test that is provided by the State Department of Education pursuant to subdivision (c) of Section 52166 and administered by the school district identified or developed by the Superintendent of Public Instruction pursuant to Section 60810 . Comprehensive speaking, reading, and writing skills shall be assessed; however, reading and writing skills need not be assessed for pupils in kindergarten and grades 1 and 2. For those pupils who, on the basis of oral language proficiency alone, are clearly English learners, assessment of reading and writing skills shall be necessary only to the extent required by paragraph (3). This assessment, which shall be made as pupils enroll in the district, shall determine whether these pupils are fluent in English or are English learners.

(3) (A) For those pupils identified as English learners, a further assessment shall be made to determine the pupil's primary language proficiency, including speaking, comprehension, reading, and writing skills, to the extent assessment instruments are available. An assessment in the language designated for basic skills instruction measuring speaking, comprehension, reading, and writing skills, shall be administered for instructional use at the district level.

(B) The assessment required by this paragraph shall be made using a test from a list of tests approved by the State Board of Education. If no test approved by the State Board of Education exists, the school district shall assess be conducted by administering a test that is allowed to be used to assess limited English proficient pupils pursuant to Section 60640. If no test is available in the pupil's primary language, the school district shall assess an English learner's primary language proficiency by alternative means. The State Department of Education shall assist school districts to select alternative means of assessment.

(C) The Superintendent of Public Instruction shall review tests that determine an English learner's primary language proficiency and shall recommend tests for approval by the State Board of Education. The State Board of Education shall approve tests for use by school districts. The assessment to determine an English learner's primary language proficiency shall be readministered as necessary to provide a curriculum meeting the individual needs of each English learner.

(D)

(C) If the assessment conducted pursuant to this subdivision indicates that the pupil has minimal proficiency in the primary language, further assessment of the pupil's primary language skills, including consultation with the pupil's parents or guardians, the classroom teacher, the pupil, or others who are familiar with the pupil's language ability in various environments, shall be conducted. If this detailed assessment indicates that the pupil has minimal proficiency in his or her primary language, then the curriculum designed to meet the individual needs of the English learner need not be based on the pupil's primary language.

(E)

(D) The assessment process shall be completed within 60 days after the date of the pupil's initial enrollment in the school district and shall be performed in accordance with rules and regulations adopted pursuant to subdivision (a) of Section 52163.

(b) The parent or guardian of the pupil shall be notified of the results of the assessment taken pursuant to paragraph (2) of subdivision (a) and of the procedures for appealing the results, pursuant to paragraph (6) of subdivision (a) of Section 52163.

(c) (1) The Superintendent of Public Instruction shall review tests that determine the English language skills of pupils whose primary language is other than English. Following consideration of recommendations made by the Superintendent of Public Instruction, the State Board of Education shall award a contract to modify an existing test or, if necessary, develop a test to assess English language development to be used for the purposes of this article. The instrument shall assess the English language skills of English learners, including, but not limited to, speaking, comprehension, reading, and written expression. The contract shall be awarded in accordance with competitive bidding procedures.

(2) Upon completion of the contract, following consideration of recommendations made by the Superintendent of Public Instruction, the State Board of Education shall appoint a panel of experts to review the test developed or modified pursuant to this subdivision. If necessary, the panel shall propose changes to the assessment instrument to ensure that the test meets psychometric standards and that the instrument is not racially, culturally, or sexually discriminatory.

(3) Upon approval of the State Board of Education, the State Department of Education shall make this assessment instrument available to school districts for them to use as needed to fulfill the duties imposed on them by this article.

(d)

(c) The census prescribed by this section shall be conducted by persons who are adequately trained and prepared to evaluate cultural and ethnic factors and who follow procedures adopted by the State Board of Education pursuant to Section 52163.

(e)

(d) The department shall review the results of the census each year. If any information provided by the a school district appears to be inaccurate or if parents, teachers, or counselors file a formal written complaint alleging that the school district's census is inaccurate, the department shall audit the school district's census. If the department concludes that the school district's census has been incorrectly taken, or the results appear to be inaccurate, the department shall require another census to be taken and the corrected information to be provided.

52167. (a) After a pupil has been determined to have a primary language other than English, within 30 days from require a new census to provide the correct information. 52167. (a) No later than 30 days of the date the results of the English language development test administered pursuant to paragraph (2) of subdivision (a) of Section 52166 are made available to the school district, the school district shall provide the parent or guardian of the pupil with an opportunity for consultation regarding the instructional services that are recommended for the pupil.

(b) The governing board of the school district shall notify, by mail or in person, the parent or guardian of the pupil that instructional services under this article are recommended and will be offered to the pupil. To the extent practicable, the school district shall communicate the notice in English and in the primary language of the pupil.

(c) The notice shall inform the parent or guardian of all of the following in a simple, nontechnical manner:

(1) The pupil's performance on the English language development test administered pursuant to paragraph (2) of subdivision (a) of Section 52166. The district shall make every effort to report and interpret the test results in both English and the primary language of the pupil.

(2) The purposes, structure, and methods of the instructional services that will to be offered to the pupil.

(2)

(3) That a parent or guardian may request a consultation to discuss the pupil's assessment and the recommended instructional services.

(3)

(4) That a parent or guardian of a pupil has a right to object to the instructional services, and may request other instructional approaches.

(4)

(5) That a parent or guardian may participate in a school or school district advisory committee, or both, if selected by his or her peers.

(d) The notice shall clearly provide a simple method for response by the parent or guardian.

(e) The parent or guardian of a pupil with a primary language other than English has the right to object to the instructional services offered to the pupil, and may request other instructional approaches , to the extent that the district has chosen to provide instruction using those methodologies .

(f) The parent or guardian of a pupil who receives instructional services pursuant to this article has the right to terminate those services by written notice to the principal of the school, pursuant to Section 52167.3 and to request placement of the pupil in a classroom designed for mainstream English proficient pupils .

(g) If the parent or guardian of a pupil who receives instructional services pursuant to this article requests a consultation to discuss the pupil's assessment and the recommended instructional services, representatives of the school district shall meet with the parent or guardian and make a reasonable effort to communicate with the parent or guardian in the primary language of that person.

52167.1. (a) In addition to the annual assessments of pupils' English language proficiency as set forth in paragraph (2) of subdivision (a) of Section 52166, a school district shall annually assess the academic skills of each English learner, to the extent assessment instruments are available

52167.1. (a) School districts shall annually assess the English language proficiency of English learners using the test identified or developed by the Superintendent of Public Instruction pursuant to Section 60810 and shall annually assess the academic skills of each English learner and former English learner pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 in order to determine the proportion of English learners and former English learners who are performing at a level equivalent to other pupils in the district at each grade level. The assessment shall be administered to determine the pupil's level of academic performance and achievement and to compare that performance and achievement to the pupil performance and achievement standards developed by the department pursuant to subdivision (a) of Section 52170. and achievement of other pupils in the district. The assessment shall also be used to help determine how to assist in determining how to best modify the methods of instruction in English or the pupil's primary language.

(b) Assessment instruments in the pupil's primary language or in English, or both, may be used to assess academic performance and achievement . The State Department of Education, using the English language development test that is provided by the State Department of Education pursuant to subdivision (c) of Section 52166 and administered by the school district, Department of Education, using the results of the English language development test shall, at the request of the school district, assist the school district in determining which English learners are most appropriately assessed in their primary language instead of, or in addition to, in addition to being assessed in English.

(c) All English learners in grades 2 to 11, inclusive shall be annually assessed at the time of year specified by the Superintendent of Public Instruction pursuant to subdivision (a) of Section 60641 with a test approved by the State Board of Education pursuant to subdivision (d) of Section 60604. The State Board of Education shall ensure that the test approved pursuant to subdivision (d) of Section 60604 is made on or before May 15, with a test that is allowed to be used to assess limited English proficient pupils pursuant to Section 60642. The State Board of Education shall ensure that the test designated pursuant to Section 60642 is made available to school districts in any language for which the number of English learners is equal to at least 10 percent of the total statewide enrollment in public schools in kindergarten and grades 1 to 12, inclusive. If the English language development test indicates an English learner is to be tested in his or her primary language and no State Board of Education approved test exists, the school district shall assess an English learner's academic skills in the core curriculum by alternative means. The State Department of Education shall assist school districts to select alternative means of assessment.

(d) It is the intent of the Legislature to require the State Department of Education, when the statewide test of applied academic skills as set forth in Chapter 5 (commencing with Section 60600) of Part 33 is fully operational, to develop, where feasible, versions of the assessment instruments that are part of that program in the major primary languages spoken by English learners in California.

(e) English learners shall be included in any school district administration of the statewide test of applied academic skills as set forth in Chapter 5 (commencing with Section 60600) of Part 33, except in those circumstances where the State Department of Education determines that this testing would not lead to valid and reliable results lead to invalid or unreliable results, or both . The results of this assessment shall be reported to determine the progress of English learners toward meeting the statewide academically rigorous content and performance standards adopted by the State Board of Education pursuant to Section 60605.

52167.2. At the end of three years of instruction in a program provided pursuant to Section 52162, if the assessment conducted pursuant to subdivision (a) of Section 52167.1 indicates that a pupil has failed to meet the annual benchmarks of expected pupil progress pursuant to Section 52170, the school district shall do both of the following:

(a) Notify the parent that the pupil has failed to make sufficient progress for three years in a row and request a meeting with the parent to determine the changes that should be made to the pupil's instructional program to improve the pupil's performance.

(b) Offer the parent the following options:

(1) The ability to keep the pupil enrolled in the existing classroom, with modifications to the instruction the pupil is receiving that are designed to help the pupil succeed academically. If this option is selected by the parent, the district shall provide the pupil's classroom teacher with input from a teacher with expertise in second language acquisition regarding the instructional strategies that could benefit the pupil.

(2) The ability to enroll the pupil in a classroom in which a different method of instruction is used, to the extent that the district has chosen to operate other types of instructional programs.

52167.3. Any parent or guardian whose child or ward has been, or will be, enrolled in programs authorized pursuant to this article shall have the right, either at the time of the original notification of enrollment or at the close of any semester thereafter, to withdraw his or her child or ward from the program, by written notice to the principal of the school in which his or her child or ward is enrolled. If withdrawing the child from the program would violate any court-ordered or voluntary desegregation plan applicable to the district, the school district may deny the parent's or guardian's request or take other measures to remedy the violation. If a district denies a request for withdrawal from the program, the burden of proof as to the merits of that denial shall rest with the district.

52168. (a) Each school district with more than 50 English learners shall establish a districtwide advisory committee on instructional services for English learners which shall be comprised of parents, teachers, and others concerned with the education of English learners . Parents or guardians, or both, of English learners who are not employed by the district shall constitute a majority of the committee, unless the district designates for this purpose an existing districtwide advisory committee on which parents or guardians, or both, of English learners have membership in at least the same percentage as their children and wards represent of the total number of pupils in the district, provided that a subcommittee on instructional services for English learners on which parents or guardians, or both, of English learners constitute a majority is established. The district advisory committee and subcommittee, if applicable, shall be responsible for at least four specific tasks. These tasks shall the committee. The district may designate for this purpose an existing districtwide advisory committee if that committee possesses a membership of parents or guardians, or both, of English learners that is greater than or equal to the percentage of English learners in the district provided that a subcommittee on instructional services for English learners is established and parents or guardians, or both, of English learners constitute a majority. The district advisory committee or subcommittee shall be responsible for a minimum of four specific tasks. These tasks shall be to advise the district governing board regarding all of the following:

(1) Establishment of a timetable for development of a district master plan for instructional services for English learners.

(2) Districtwide needs assessment on a school-by-school basis.

(3) Establishment of district program goals and objectives for instructional services for English learners.

(4) Administration of the annual language census.

(b) Each school with more than 20 English learners shall establish a school level advisory committee on which parents or guardians, or both, of English learners constitute membership in at least the same percentage as their children and wards represent of the total number of pupils in the school which shall be comprised of parents, teachers, and others concerned with the education of English learners. Parents or guardians, or both, of English learners who are not employed by the district, shall constitute a majority of the committee . The school may designate for this purpose an existing school level advisory committee, or subcommittee of an existing school level advisory committee, if the advisory committee, or subcommittee where appropriate, meets the criteria stated above.

(c) Each school level advisory committee maintained pursuant to this section shall be responsible for advising the principal and staff in the development of a detailed master plan for instructional services for English learners for the individual school and submitting the plan to the governing board for consideration for inclusion in the district master plan. It shall also be responsible for assisting in the development of the school needs assessment , and language census, and ways to make parents aware identifying opportunities to increase parents' awareness of the importance of regular school attendance.

(d) School level advisory committees shall explain to parents of English learners the value of instructional services provided pursuant to this article. School level advisory committees and districtwide advisory committees shall inform parents of English learners where they may enroll in of adult education courses for English learners that are offered in their communities.

(e) The school district shall provide meaningful training to the members of its districtwide and school-level parent advisory committees so that those members can fulfill advisory committees relating to their duties and responsibilities as committee members.

(f) The school district shall provide its districtwide and school-level parent advisory committees with the necessary support services so that those members may fulfill support services necessary to fulfilling their duties and responsibilities as committee members. These services shall include, but not necessarily be limited to, clerical support, provision of materials in the primary language of the parents, and translation services.

52170. (a) The State Department of Education shall approve pupil performance standards for English learners, for use by school districts as models. These standards shall be the same standards as the statewide academically rigorous content and performance standards adopted by the State Board of Education for all pupils pursuant to Section 60605. The department also shall specify the means by which progress toward performance and achievement standards will be measured. The Superintendent of Public Instruction shall recommend to the State Board of Education the criteria with which to review a school district's progress toward meeting the standards, as set forth in the plan developed pursuant to subdivision (b). The State Board of Education shall then adopt and establish the criteria through regulations.

(b) Each school district shall develop a plan for meeting the standards developed by the department and approved by the State Board of Education pursuant to subdivision (a).

(1) After June 30, 2000, if the English learners in a school district fail to make progress toward meeting the standards, as determined by the guidelines and procedures established by the State Board of Education pursuant to paragraph (5) of subdivision (a) of Section 52163, the school district shall examine its instructional program for English learners, assess the need for revision, and implement changes designed to improve pupil performance. In revising its instructional program, the school district shall consider and assess the need for providing primary language instruction and all other accepted, educationally sound English learner instructional methodologies to improve pupil performance. Any changes made pursuant to this section after June 30, 2000, shall be presented to the districtwide advisory committee established pursuant to Section 52168 before final submission to the governing board of the school district for final approval. A school district shall implement revised changes to its plans within six months.

(2) After June 30, 2002, if the English learners in a school district, required to implement changes to its instructional program pursuant to paragraph (1), fail to make progress toward meeting the standards, the school district shall examine its instructional program for English learners, assess the need for revision, submit proposed revisions to improve pupil performance in the school district. Based on the criteria it adopts pursuant to subdivision (a), the State Board of Education shall review the school district's proposed revisions and make any changes. The school district shall then implement the revisions approved by the State Board of Education within six months.

(3) In revising its instructional program pursuant to paragraph (2), the school district shall consider and assess the need for providing primary language instruction and all other accepted, educationally sound English learner instructional methodologies to improve pupil performance.

52170. (a) The Superintendent of Public Instruction shall recommend to the State Board of Education the guidelines and procedures that will be used to determine the progress made by English learners in each school district towards acquiring proficiency in English and towards demonstrating achievement in the core curriculum at a level comparable to other pupils of the same grade level in the school district in which the English learner is enrolled. After reviewing the recommendation of the Superintendent of Public Instruction, the State Board of Education shall adopt guidelines and procedures to determine the progress made by English learners in each school district and shall establish regulations that include, but are not limited to, the following:

(1) Requirements for the annual submission of assessment data adequate to determine the percentage of English learners who have attained proficiency in English, the percentage of English learners who are making satisfactory progress towards proficiency in English based upon annual benchmarks of expected pupil progress, and the percentage of English learners who failed to make sufficient progress towards English language proficiency. The data shall include the results of the English language assessment administered pursuant to Section 52167.1.

(2) Requirements for the annual submission of data adequate to determine the percentage of English learners who can demonstrate academic achievement in the core curriculum equivalent to the average achievement for other pupils in the district at the same grade level, the percentage of English learners who are making satisfactory progress towards academic achievement in the core curriculum equivalent to the average achievement for other pupils in the district at the same grade level based upon annual benchmarks of expected pupil progress, and the percentage of English learners who failed to demonstrate sufficient progress. The data shall include the results of the test administered pursuant to Section 60605 when that test is available and the assessments administered pursuant to Section 60642 in English and the pupil's primary language, to the extent that the district chooses to assess pupils in both languages.

(3) Requirements for the annual submission of data for two years after an English learner has been redesignated as fluent in English pursuant to Section 52165.1 which is adequate to determine the percentage of former English learners who continue to demonstrate academic achievement equivalent to the average achievement level for other pupils in the district at the same grade level and the percentage of former English learners who failed to demonstrate academic achievement at the districtwide average. The data shall include the results of the test administered pursuant to Section 60605 when that test is available and the assessments administered pursuant to Section 60642.

(4) The criteria that will be used to identify school districts in which the annual rate of progress of English learners or former English learners is significantly below expectations.

(b) Each school district shall develop a plan designed to enable English learners to demonstrate proficiency in English and to demonstrate academic achievement in the core curriculum that is comparable to other pupils in the district in accordance with the guidelines and procedures adopted pursuant to subdivision (a).

(c) Each school district shall report to the State Department of Education not on an annual basis no later than the 30th day of April of each year , and the department . The department shall report to the State Board of Education on an annual basis after receiving the annual school district report. Both the school district and department annual reports shall include all of the following:

(1) The census of pupils who are English learners conducted pursuant to Section 52165.

(2) The type of instructional program adopted by the district pursuant to Section 52164.

(3) The progress that the English learners in the school district make toward meeting the pupil performance standards approved district have made towards acquiring proficiency in English and towards demonstrating academic achievement in the core curriculum equivalent to other pupils in the district at the same grade level based upon guidelines and procedures adopted by the State Board of Education pursuant to subdivision (a). The report on this item shall include the results of the annual assessment administered pursuant to subdivisions (a) and (c) of Section 52167.1 , with the data disaggregated by grade level, primary language, and type of instructional services received during the year .

(4) The number of pupils in the district who were formerly assessed to be English learners who have met the language reclassification redesignation criteria established by the school district pursuant to Section 52165.1 and have been reclassified redesignated as English proficient . The during the year. With respect to this data, the school district shall include also report the following:

(A) The primary language of the reclassified redesignated pupil.

(B) The length of time the reclassified pupil was redesignated pupil participated in the instructional program.

(C) The number of reclassified pupils receiving free and reduced lunches. redesignated pupils who participated in a free and reduced lunch program.

(5) The criteria for reclassification redesignation adopted by each district pursuant to Section 52165.1.

(6) The number of teachers who provide providing instructional services to English learners.

(d) (1) After June 30, 2001, if the English learners in a school district fail to demonstrate satisfactory progress towards acquiring proficiency in English, fail to demonstrate satisfactory progress towards academic achievement at grade level, or if the former English learners in the district consistently fail to demonstrate academic achievement at the districtwide average after being redesignated as fluent in English, as determined by the guidelines and procedures established by the State Board of Education pursuant to subdivision (a), the school district shall examine its instructional program for English learners, assess the need for revision, and implement changes designed to improve pupil performance. In revising its instructional program, the school district shall consider and assess the need for providing primary language instruction and all other accepted, educationally sound English learner instruction methodologies to improve pupil performance. Any changes made pursuant to this section shall be presented to the districtwide advisory committee established pursuant to Section 52168 before final submission to the governing board of the school district. Both the changes and the districtwide advisory committee's recommendations shall be presented to the governing board of the school district for considerations and final action. A school district shall implement revised changes to its plans within six months.

(2) Two years after a district has made changes to its program pursuant to paragraph (1), if the English learners or former English learners in the school district are still failing to demonstrate satisfactory progress towards academic achievement at the districtwide average, the school district shall examine its instructional program for English learners, assess the need for revision, and submit proposed revisions to improve pupil performance in the school district to the State Department of Education. Based on criteria adopted

pursuant to subdivision (a), the Superintendent of Public Instruction or the superintendent's designee shall review the school district's proposed revisions and submit any recommended changes to the State Board of Education. After reviewing the Superintendent of Public Instruction's recommendations, the State Board of Education shall adopt a set of recommended changes to the district's plan for services to English learners. The school district shall then implement the revisions approved by the State Board of the Education within six months.

(3) In revising its instructional program pursuant to paragraph (2), the school district shall consider and assess the need for providing primary language instruction and all other accepted, educationally sound English learner instructional methodologies designed to improve pupil performance.

(e) The Superintendent of Public Instruction shall report annually include in an annual report to the Legislature all of the following:

(1) The number of English learners that attend enrolled at each school district in California during the year .

(2) The progress that the English learners in each school district make toward meeting the pupil performance standards approved by the State Board of school district have made towards acquiring proficiency in English and towards demonstrating achievement in the core curriculum equivalent to other pupils in the district at the same grade level based upon the guidelines and procedures adopted by the State Board of Education pursuant to subdivision (a). The report on this item shall include the results of the annual assessment administered pursuant to Section 52167.1 , with the data disaggregated by grade level, primary language, and the type of instructional services received during the year .

(3) The number of pupils in each school district who were formerly assessed to be English learners who have met the language reclassification redesignation criteria adopted by that school district and have been reclassified redesignated as English proficient during the year .

(4) A summary report of the instructional programs adopted by each district pursuant to Section 52164 during the year .

(5) A summary report of the district level criteria for reclassification adopted by each district pursuant to Section 52165.1.

(6) The number of teachers who provide providing instructional services to English learners.

(e)

(f) The State Department of Education shall include in an annual report to the Legislature on or before January 1, 1999 2000 , all of the following:

(1) The status of the assessment changes required by this article.

(2) The progress made by the department during the year in implementing the assessment changes required by this article.

(3) The assistance the department has rendered during the year to school districts in their implementation of to assist in implementing the assessment changes required by this article.

(4) A summary of the annual reports prepared by county offices of education on the number of English learners who have been reclassified as English proficient.

(4) The percentage and number of English learners who have been redesignated as English proficient during the year disaggregated by county.

52170.5. (a) (1) Two years after the commencement of this program, effective date of this article and each year thereafter the State Department of Education, on the basis of criteria regulations recommended by the Superintendent of Public Instruction and adopted by the State Board of Education pursuant to Section 52170 , shall review the plans and progress reports submitted by the 25 school districts with the largest numbers of English learners and by 75 randomly selected school districts. learners.

(2) Two years after the effective date of this article and each year thereafter, the State Department of Education, on the basis of regulations recommended by the Superintendent of Public Instruction and adopted by the State Board of Education pursuant to Section 52170 shall review the plans and progress reports submitted by 75 school districts randomly selected each year.

(3) Based on those reviews the reviews completed pursuant to paragraphs (1) and (2) , the department shall advise school districts of potential problems that the school districts shall consider in reviewing and revising their school plans in the third year of the program.

(b) Four years after the commencement of this program effective date of this article , the State Department of Education shall conduct a compliance review of those school districts that were reviewed pursuant to paragraph (1) of subdivision (a). This onsite review shall include school districts with exemplary programs and school districts that have failed to demonstrate progress in language acquisition and academic achievement.

52171. Existing standards imposed by the State Department of Education regarding bilingual education program requirements for purposes of regulation and funding of those programs are null and void.

52172. It is the intent of the Legislature that funding for the programs and services required by this article shall be provided from federal and state funds appropriated in the annual Budget Act and from Economic Impact Aid funds that school districts receive for English learners. Funds Economic Impact Aid funds provided for supplemental services shall not be used to supplant a district's general funding, including all funds or any other categorical funds, for ensuring provided to ensure equal access to educational opportunities for English learners.

52172.5. The State Department of Education shall award a contract for to provide a comprehensive evaluation of the methodological approaches and longitudinal outcomes of instructional services for English learners. The contract shall be awarded in accordance with competitive bidding procedures. The Legislative Analyst and the Department of Finance shall serve in an advisory capacity to the State Department of Education in its on issues pertaining to the award of the contract and the oversight of the evaluation. An interim report shall be submitted to the Legislature no later than January 1, 2004 2005 , and a final report shall be submitted no later than November 1, 2005, so as to allow for 2006 to permit a thorough review by the Legislature before January 1, 2007 2008 . It is the intent of the Legislature that the evaluation be conducted only if to the extent that funding is made available through the annual Budget Act.

52173. This article shall become inoperative on January 1, 2007 2008 .

SEC. 3. Section 62000.2 of the Education Code is amended to read:

62000.2. The following programs shall sunset on June 30, 1987:

(a) Miller-Unruh Basic Reading Act of 1965.

(b) School improvement program.

(c) Economic impact aid.

SEC. 4. Section 62002.5 of the Education Code is amended to read:

62002.5. Parent advisory committees and school site councils which are in existence pursuant to statutes or regulations as of January 1, 1979, shall continue subsequent to the termination of funding for the programs sunsetted by this chapter. Any school receiving funds from economic impact aid subsequent to the sunsetting of these programs as provided in this chapter, shall establish a schoolsite council in conformance with the requirements in Section 52012. The functions and responsibilities of the advisory committees and schoolsite councils shall continue as prescribed by the appropriate law or regulation in effect as of January 1, 1979.

SEC. 5. Notwithstanding any other provision of law, Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of the Education Code, shall apply to all instructional programs or services provided to English learners that are funded from economic impact aid in the annual Budget Act.

SEC. 6. Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of the Education Code shall not become operative unless the Superintendent of Public Instruction certifies, in writing, to the Secretary of State that the following conditions are met:

(a) Funding is provided for the modification of a test that determines the English language skills of pupils whose primary language is other than English pursuant to Section 52166 of the Education Code or funding is provided for the development of the English language development test pursuant to Section 52166 of the Education Code.

(b) Funding is provided to develop a version of the test approved by the State Board of Education pursuant to subdivision (d) of Section 60604 of the Education Code for each language, other than English, if the number of English learners who speak that primary language is equal to at least 10 percent of the total statewide enrollment in public schools in kindergarten and grades 1 to 12, inclusive.

SEC. 7.

SEC. 6. 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.