(1)Existing law required the State Department of Education, by January 1, 2014, to review and analyze the criteria, policies, and practices that a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state use to reclassify English learners and recommend to the Legislature and the State Board of Education any guideline, regulatory, or statutory changes that the department determines are necessary to identify when English learners are prepared for the successful transition to classrooms and curricula that require English proficiency. Existing law requires the governing board of each school district to adopt a local control and accountability plan and requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils.

This bill would instead require the department, by January 1, 2017, to contract with an outside research organization to perform the above-mentioned review and analysis. analysis, and would include in that review and analysis the criteria, policies, and practices that the specified school districts use to meet the state priorities identified in the local control and accountability plans provision. The bill would instead require the department to recommend to the Legislature any policy changes that the department determines are necessary to identify when English learners are prepared for the successful transition to classrooms and curricula that require English proficiency and how implementation of the state priorities identified in the local control and accountability plans provision support that transition. The bill would require the department to examine, as part of this review and analysis, the extent to which school districts are following the regulations for implementation of the local control and accountability plans, and information on English learner achievement as described in local control and accountability plans.

(2)Existing law required the department, by January 1, 2014, to issue a report on its findings, research, analysis, recommendations, and best practices, and requires the department, by January 1, 2017, to issue an updated report that reflects any changes in analysis and recommendations as a result of the adoption by the state board of the common core standards and related English language development standards.

This bill would change the issue date of this report to January 1, 2017, and would change the issue date of the updated report to January 1, 2018. 2018, and would require the department to identify in that report any pupil outcome measures related to meeting the state priorities in the local control and accountability plans provision, as related to the education of English learners.

This bill would also make nonsubstantive changes to these provisions.

(1)Existing law required the State Department of Education, by January 1, 2014, to review and analyze the criteria, policies, and practices that a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state use to reclassify English learners and recommend to the Legislature and the State Board of Education any guideline, regulatory, or statutory changes that the department determines are necessary to identify when English learners are prepared for the successful transition to classrooms and curricula that require English proficiency.

This bill would instead require the department, by January 1, 2017, to contract with an outside research organization to perform the above-mentioned review and analysis. The bill would require the department to examine, as part of this review and analysis, information on English learner achievement as described in local control and accountability plans.

(2)Existing law required the department, by January 1, 2014, to issue a report on its findings, research, analysis, recommendations, and best practices, and requires the department, by January 1, 2017, to issue an updated report that reflects any changes in analysis and recommendations as a result of the adoption by the state board of the common core standards and related English language development standards.

This bill would change the issue date of this report to January 1, 2017, and would change the issue date of the updated report to January 1, 2018.

This bill would also make nonsubstantive changes to these provisions.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 409 (De León) - English learners: reclassification.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill modifies the reporting requirements established by SB 1108 (Padilla, Chapter 434, Statues of 2012) regarding the reclassification of English learners to align them with the newly adopted Local Control Funding Formula (LCFF), the eight state priorities and local control and accountability plan requirements, and establishes a new due date for the report of January 1, 2017.

Fiscal Impact:

• The California Department of Education (CDE) indicates that this bill will require approximately $1.3 million General Fund over three years. This estimate includes one-time contract costs of $500,000 for the initial report due January 1, 2017 and another $500,000 for a contract to complete the updated report due January 1, 2018. The rest of the funds would be used to convene a group of experts and for CDE staff to conduct work related to the contract process and monitoring, travel costs, and coordination of the reports.

Background:

Existing federal and state law require that each school district with English language learners annually assess these students' English language development until they are redesignated as English proficient. The assessment, the California English Language Development Test (CELDT), must be administered to all students whose primary language is not English within 30 calendar days after they are enrolled in a California public school for the first time, and annually thereafter during a period of time determined by the Superintendent of Public Instruction and the State Board of Education (SBE) until they are reclassified as fluent English proficient.

Existing law requires the CDE, with the approval of the SBE, to establish procedures for conducting the CELDT and for the reclassification of a pupil from English learner to English proficient. Current law requires the reclassification procedures developed by the CDE to use multiple criteria, including, but not limited to, all of the following:

1. An assessment of language proficiency.
   
   

2. Teacher evaluation, including, but not limited to, a review of the student’s curriculum mastery.
   
   

3. Parental opinion and consultation.
   
   

4. Comparison of the student’s performance 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. (Education Code § 313)

Existing law, enacted by SB 1108 (Padilla, Chapter 434, Statues of 2012), requires the CDE, if state federal or private funds are provided for this purpose, to review and analyze the criteria, policies and practices that school districts use to reclassify English learners and to recommend any policy changes necessary to identify when English learners are prepared for reclassification. The CDE was required to issue a report of its findings, research, analysis, recommendations, and best practices by January 1, 2014, and by January 1, 2017, to issue an updated report that reflects changes in the analysis and recommendations as the result of the adoption of the common core standards and in the adoption of a common core standards aligned English language development test. (Education Code § 313.5)

Proposed Law:

This bill requires that by January 1, 2017, the CDE (1) contract with an outside organization to review and analyze the criteria, policies, and practices that a representative sample of school districts use in the state to reclassify English learners and to meet the eight state priorities related to English learners and (2) recommend to the Legislature any policy changes that the it determines are necessary to identify when English learners are prepared for the successful transition to classrooms and curricula that require English proficiency and how implementation of the eight state priorities support this transition.

In conducting its review, the CDE is required to consult with a number of experts in the education of English learners. This group of experts is required to develop a study design that may include a sampling methodology for purposes of selecting the sample of school districts to use in the study.

This bill requires the CDE to examine and report on the following:

1. The practices and standards used by a sampling of school districts to meet the four reclassification criteria;
   
   

2. The extent to which school districts are following the guidelines established by the SBE and the regulations for implementation of the local control and accountability plans; and
   
   

3. The range of reclassification criteria developed by school districts.

In addition, CDE is required to analyze the following data:

• English language proficiency and academic performance data;
  
  

• The relationship of the reclassification criteria to reclassification rates;
  
  

• The academic performance of students after reclassification as English proficient;

• The relationship of the reclassification criteria to the academic performance of
  students after reclassification;
  
  

• Information on English learner achievement as described in the local control and accountability plan developed by school districts; and
  
  

• Any other student outcomes measures that indicate an English learner is prepared to successfully transition to a classroom and curricula that require proficiency.

This bill requires that by January 1, 2017, the CDE issue a report that includes its findings, research, analysis, recommendations, and best practices. The CDE is required to issue an updated report by January 1, 2018 that reflects any changes in analysis and recommendations as a result of the adoption by the SBE of the common core standards and English language development standards.

Finally, this bill requires that it be implemented only if state or federal funds are appropriated to fully fund its activities or if private funds are made available.

Related Legislation:

1. SB 1108 (Padilla, 2014) proposed an extension of the deadline for the CDE to issue its report and added Reclassified Fluent English Proficient (RFEPs) as a numerically significant pupil subgroup for the purposes of the Academic Performance Index (API). SB 1108 failed passage of this committee.

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SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: SB 409

Subject: English learners: reclassification

SUMMARY

This bill modifies the reporting requirements established by SB 1108 (Padilla, Chapter 434, Statues of 2012) regarding the reclassification of English learners to align them with the newly adopted Local Control Funding Formula (LCFF), the eight state priorities and Local Control Accountability Plan requirements and establishes a new due date for the report of January 1, 2017.

BACKGROUND

Existing federal and State law require that each school district with English language learners annually assess these students' English language development until they are redesignated as English proficient. The assessment, the California English Language Development Test (CELDT), must be administered to all students whose primary language is not English within 30 calendar days after they are enrolled in a California public school for the first time, and annually thereafter during a period of time determined by the Superintendent of Public Instruction and the State Board of Education (SBE) until they are reclassified as fluent English proficient.

Existing law requires the California Department of Education (CDE), with the approval of the State Board of Education (SBE), to establish procedures for conducting the CELDT and for the reclassification of a pupil from English learner to English proficient. Current law requires the reclassification procedures developed by the CDE to use multiple criteria, including, but not limited to, all of the following:

1. An assessment of language proficiency.

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 student’s performance 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.

(Education Code § 313)

Existing law, enacted by SB 1108 (Padilla, Chapter 434, Statues of 2012), requires the California Department of Education (CDE), if state federal or private funds are provided for this purpose, to review and analyze the criteria, policies and practices that school districts use to reclassify English learners and to recommend any policy changes necessary to identify when English learners are prepared for reclassification. The CDE was required to issue a report of its findings, research, analysis, recommendations, and best practices by January 1, 2014, and by January 1, 2017, to issue an updated report that reflects changes in the analysis and recommendations as the result of the adoption of the common core standards and in the adoption of a common core standards aligned English language development test. (Education Code § 313.5)

ANALYSIS

This bill modifies the reporting requirements established by SB 1108 (Padilla, Chapter 434, Statues of 2012). Specifically it:

1. Changes the due date of the report from January 1, 2014 to January 1, 2017.

2. Expands the reporting requirements to additionally require the review and analysis of the reclassification activities used by a sampling of districts to meet the eight state priorities in their local control accountability plans (LCAPS) in relation to the education of English learners.

3. Deletes the requirement that the CDE report to the State Board of Education regarding guidelines, regulatory or statutory changes necessary to identify when English learners are ready to be reclassified and instead requires the CDE to recommend any policy changes regarding reclassification of English learners to the Legislature.

4. Updates reporting requirements to include a reference to the newly adopted common core aligned English language development standards.

5. Requires the California Department of Education (CDE) to additionally:

1. Report on how implementation of the eight state priorities in the districts’ LCAPs supports the transition of English learners to classrooms and curricula that require English proficiency.

2. Examine and report on the extent to which school districts are following the guidelines and regulations established by the State Board of Education for implementation of their LCAPs.

3. Identify pupil outcome measures related to meeting the eight state priorities, as related to the education of English language learners that indicate an English learner is prepared to successfully transition in classes and curricula that require English proficiency.

STAFF COMMENTS

1. Need for the bill. As of April 23, 2015, the California Department of Education (CDE) has failed to issue the report required as a result of the enactment of SB 1108 (Padilla, Chapter 434, Statues of 2012). This bill proposes to establish a new due date and align the requirements of the report on best practices regarding the instruction of English learner (EL) pupils in California schools with the newly adopted funding model, state priorities and local control accountability plans (LCAPS) requirements.

With the passage of Local Control Funding Formula (LCFF), school districts are required to meet eight state priorities for all students, with particular emphasis on English learner and low-income pupils. Under the LCFF, local educational agencies will receive between $1400 and $1700 in supplemental grant funding per English learner pupil, which is four times the amount received previously, making it important to understand how school districts are meeting the state priorities for these students.

The author is concerned that the longer an English learner remains in English language development-only classes, the greater the limits to their ability to access a full curriculum and A-G coursework, both predictors of college readiness. The author cites recent data that indicates that 25 percent of English learners drop out of school and only 60 percent graduate from high school within four years. According to the author, given the significant number of English learners in California’s public schools, their academic performance directly impacts the future economic success of the state.

2. Recent related report. In January 2014, the Public Policy Institute of California (PPIC) issued a report, Reclassification of English Learners in California Schools, which provided a longitudinal analysis of the transition from English learner to Reclassified Fluent English Proficient (RFEP) in California school districts. According to the report:

1. Reclassified Fluent English Proficient (RFEP) students not only outperform English learner students, but also often do as well as native English speakers when it comes to measures of academic outcomes, such as standardized tests and on-time grade progression.

2. A survey of school districts indicates that more than 90 percent of responding districts report using more demanding reclassification criteria than are suggested by the State Board of Education (SBE) guidelines.

3. Districts using more stringent reclassification criteria have lower reclassification rates. However, using stricter criteria is also associated with slightly better outcomes (in terms of ongoing language proficiency, for example) for RFEP students. Stricter criteria are also associated with a greater likelihood of on-time grade progress among students reclassified in the 8th grade.

3. California Department of Education (CDE) compliance. In response to the requirements of SB 1108 (2012), the CDE entered a memorandum of understanding with the Public Policy Institute of California (PPIC) to provide data from the California Longitudinal Pupil Achievement Data System for purposes of their analysis of reclassification practices in California school districts. While the CDE anticipated that the PPIC report noted in staff comment #2 might assist in meeting the requirements of the legislation, the CDE believes that the scope of the report did not fulfill the statutory requirements outlined in SB 1108 and the research and analysis were not aligned with the information necessary for the CDE to make recommendations or identify best practices regarding the reclassification of English learners. According to the CDE, conducting the comprehensive study envisioned by the bill requires additional resources. Staff notes that although the CDE requested funding through the budget process to conduct the more extensive research and analysis envisioned by SB 1108 (2012), no such funding was proposed in the 2014-15 Budget.

In addition, SB 1108 (Padilla, 2014) proposed an extension of the deadline for the CDE to issue its report and added Reclassified Fluent English Proficient (RFEPs) as a numerically significant pupil subgroup for the purposes of the Academic Performance Index (API). SB 1108 was heard and passed by this Committee in March 2014 by a vote of 9-0, but was subsequently held under submission in the Senate Appropriations Committee.

4. English learners and reclassification. According to the CDE, in the 2013-14 school year there were approximately 1.4 million English learners in California public schools, constituting 22.7 percent of the total enrollment. In 2012-13 and 2013-14, approximately 12 percent of English learners were reclassified as English proficient. Prior to that approximately 11 percent of English learners were annually reclassified, with the notable exception that in 2011-12, 16.3 percent were reclassified.

Although English learner data is collected for 60 language groups, 95 percent speak one of the top ten languages in the state, which include Spanish (84.24 percent), Vietnamese, Pilipino (Filipino or Tagalog), Cantonese, Mandarin, Arabic, Hmong, Korean, Punjabi, and Russian. Research shows that reclassification rates are lower among Spanish-speaking and low-income students. In 2004, the proportion of Spanish-speaking students reclassified by 4th grade in California was roughly two-thirds that of non-Spanish speaking English learners.

California does not have a uniform standard for reclassifying English learner pupils. Instead, the State Board of Education has issued guidelines to school districts recommending the metrics/information a district uses when making this decision. No comprehensive information is available on what criteria are currently utilized by school districts, whether districts follow the guidelines issued by the State Board, or whether the reclassification criteria utilized have any relationship to the successful transition of English learners into classrooms and curricula that require English proficiency. It appears that districts use a variety of criteria for determining whether or not to reclassify a student.

SUPPORT

California Teachers Association

Californians Together

Public Advocates

OPPOSITION

None received.

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