Existing law requires the Superintendent of Public Instruction to review existing tests that assess the English language development of pupils whose primary language is a language other than English, and requires that the tests include, but not be limited to, an assessment of the achievement of these pupils in English reading, speaking, and written skills, in accordance with specified criteria. Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, a county office of education and a charter school, to assess the English language development of each of those pupils in order to determine their level of proficiency. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting that assessment and for the reclassification of a pupil from English learner to English proficient.

This bill would delete the provision requiring the department to establish procedures for the reclassification of a pupil from English learner to English proficient and would instead require, commencing with the 201819 school year, a local educational agency, as defined, that has one or more pupils who are English learners in any of grades 3 to 12, inclusive, and who do not have an individualized education program or a pupil disability accommodation plan adopted pursuant to specified federal law, that specifies the pupil requires assistance due to language proficiency issues, to determine whether to reclassify such a pupil as English proficient according to specified factors. The bill would authorize, commencing with the 201819 school year, a local educational agency to determine whether to reclassify such a pupil in kindergarten, grade 1, or grade 2 according to similar specified factors. The bill would require, on or before March 1, 2018, January 1, 2019, the department, with the approval of the state board, to develop guidance for local educational agencies to implement those provisions. The bill would require, on or before September 1, 2018, the department, in consultation with the state board, to develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learner pupils learners with individualized education programs or pupil disability accommodation plans adopted pursuant to specified federal law. that specify the pupil requires assistance due to language proficiency issues. The bill would require, on or before July 1, 2018, January 1, 2019, the state board, in consultation with the department, to determine minimum scores on specified assessments for reclassification of a pupil as English proficient, and would provide that an English learner pupil is immediately eligible for reclassification if the pupil attains those minimum scores on the assessments, unless the local educational agency determines there is academic-related evidence the pupil will not be successful in a mainstream curriculum. The bill would require the department to develop a rubric to measure academic-related evidence. The bill would require a local educational agency that has a numerically significant pupil subgroup of English learners or that includes specific goals and actions for that pupil subgroup in its local control and accountability plan to complete specified actions for purposes of reclassifying pupils as English proficient. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions relating to the reclassification of a pupil from English learner to English proficient.

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.

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 the statutory provisions noted above.

Existing law requires the Superintendent of Public Instruction to review existing tests that assess the English language development of pupils whose primary language is a language other than English, and requires that the tests include, but not be limited to, an assessment of the achievement of these pupils in English reading, speaking, and written skills, in accordance with specified criteria. Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, a county office of education and a charter school, to assess the English language development of each of those pupils in order to determine their level of proficiency. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting that assessment and for the reclassification of a pupil from English learner to English proficient.

This bill would delete the provision requiring the department to establish procedures for the reclassification of a pupil from English learner to English proficient and would instead require require, commencing with the 201819 school year, a local educational agency, as defined, that has one or more pupils who are English learners in any of grades 3 to 12, inclusive, and who do not have an individualized education program or a pupil disability accommodation plan adopted pursuant to specified federal law, to determine whether to reclassify such a pupil as English proficient according to specified factors. The bill would authorize, commencing with the 201819 school year, a local educational agency to determine whether to reclassify such a pupil in kindergarten, grade 1, or grade 2 according to similar specified factors. The bill would require require, on or before March 1, 2018, the department, with the approval of the state board, to develop guidance for local educational agencies to implement that requirement. those provisions. The bill would require, on or before September 1, 2018, the department, in consultation with the state board, to develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learner pupils with individualized education programs or pupil disability accommodation plans adopted pursuant to specified federal law. The bill would require require, on or before July 1, 2018, the state board, in consultation with the department, to determine minimum scores on specified assessments for reclassification of a pupil as English proficient proficient, and would provide that an English learner pupil is immediately eligible for reclassification if the pupil attains those minimum scores on the assessments, unless the local educational agency determines there is academic-related evidence the pupil will not be successful in a mainstream curriculum. The bill would require a local educational agency that has a numerically significant pupil subgroup of English learners or that includes specific goals and actions for that pupil subgroup in its local control and accountability plan to complete specified actions for purposes of reclassifying pupils as English proficient. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions relating to the reclassification of a pupil from English learner to English proficient.

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.

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 the statutory provisions noted above.

Existing law requires the Superintendent of Public Instruction to review existing tests that assess the English language development of pupils whose primary language is a language other than English, and requires that the tests include, but not be limited to, an assessment of the achievement of these pupils in English reading, speaking, and written skills, in accordance with specified criteria. Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, a county office of education and a charter school, to assess the English language development of each of those pupils in order to determine their level of proficiency. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting that assessment and for the reclassification of a pupil from English learner to English proficient.

This bill would delete the provision requiring the department to establish procedures for the reclassification of a pupil from English learner to English proficient and would instead require a local educational agency, as defined, that has one or more pupils who are English learners to determine whether to reclassify a pupil as English proficient according to specified factors. The bill would require the department, with the approval of the state board, to develop guidance for local educational agencies to implement that requirement. The bill would require the state board, in consultation with the department, to determine minimum scores on specified assessments for reclassification of a pupil as English proficient and would provide that an English learner pupil is immediately eligible for reclassification if the pupil attains those minimum scores on the assessments, unless the local educational agency determines there is academic-related evidence the pupil will not be successful in a mainstream curriculum. The bill would require a local educational agency that has a numerically significant pupil subgroup of English learners or that includes specific goals and actions for that pupil subgroup in its local control and accountability plan to complete specified actions for purposes of reclassifying pupils as English proficient. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions relating to the reclassification of a pupil from English learner to English proficient.

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.

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 the statutory provisions noted above.

 THIRD READING  

Bill No: SB 463

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 4/5/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: Author

DIGEST:

This bill deletes the requirement for the California Department of Education (CDE) to establish procedures for the reclassification of a student from English learner to English proficient and would instead require a local educational agency to determine reclassification according to the specified criteria for purposes of establishing statewide standards for reclassifying English learners.

ANALYSIS:

Existing law:

1. Requires, pursuant to federal and State law, 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.
2. 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. Existing 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)
3. Requires, pursuant to SB 1108 (Padilla, Chapter 434, Statues of 2012), 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)

This bill deletes the requirement for the CDE to establish procedures for the reclassification of a student from English learner to English proficient and would instead require a local educational agency (LEA) to determine reclassification according to the specified criteria for purposes of establishing statewide standards for reclassifying English learners. Specifically, it:

1. Requires, commencing with the 2018-2019 school year, a LEA that has one or more students who are English learners in grades 3 to 12, and who do not have an individualized education program (IEP), as specified, to determine whether to reclassify according to the following:
   1. Assessment of language proficiency using the English language development assessment that is identified or developed pursuant to existing law.
   2. Teacher evaluation of the student’s English language mastery.
   3. The opinion of and consultation with, parents and guardians.
   4. Comparison of the performance of the student in English language arts against an empirically established range of performance in basic skills based upon the performance of English proficient students of the same age using the results from the specified English Language Arts assessment.
2. Authorizes, commencing with the 2018-2019 school year, a LEA to determine whether to reclassify an English learner in grades K to 2 who does not have an IEP as specified according to the following:
   1. Assessment of language proficiency using the English language development assessment that is identified or developed pursuant to existing law.
   2. Teacher evaluation of the students English language mastery.
   3. The opinion of, and consultation with, parents and guardians.
   4. Academic performance of the students in English language arts as measured by grades or locally developed assessments.
3. Requires, on or before January 1, 2019, the CDE, with the approval of the SBE, to develop guidance related to the provisions of this bill that includes but not limited to:
   1. Factors that may be used to determine a student’s English language mastery.
   2. Detailed information on the implementation of parent consultation.
   3. Development of instructional tools to help LEA’s be consistent in implementing reclassification criteria.
4. Provides that on or before September 1, 2018, the CDE, in consultation with SBE, to develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learner students with IEPs as specified.
5. Requires, on or before January 1, 2019, the SBE in consultation with the CDE, to determine minimum scores on specified assessments for reclassification of a student as English proficient. In determining the minimum scores, the SBE is required to consider the academic performance of non-English learners on the assessments.
6. Provides that an English learner is immediately eligible for reclassification if the student attains those minimum scores on the assessment, unless the LEA determines there is academic related evidence the student will not be successful in a mainstream curriculum. The CDE is required to develop a rubric to measure academic-related evidence.
7. Requires a LEA that has a numerically significant student subgroup of English learners or that includes specific goals and actions of that student subgroup in its local control and accountability plan to complete specific actions for purposes of reclassifying students as English proficient to do all of the following:
8. Identify a group of teachers and administrators with expertise relating English learners to meet regularly for purposes of ensuring English learners are being reclassified, as specified. A LEA with an average daily attendance of fewer than 1,000 students may form a partnership with another LEA’s.
9. Develop a process and procedures to monitor the academic performance of students four years after their reclassification as English proficient.
10. Review current process and procedures for the placement of English learners in a special education program, as specified.
11. States the intent of the Legislature that school district and school site staff receive professional development on English learner reclassification criteria prior to implementation of the provisions of this bill.
12. Deletes obsolete provisions relating to the reclassification of a student from English learner to English proficient.
13. Makes other technical changes.

Comments

1. Need for the bill. Criteria for the reclassification of a student from English learner to English proficient vary widely among school districts across the state. According to the author, disparate reclassification policies often create confusion and conflict between districts, teachers, and parents. When a student moves to a new school district, they may have been reclassified as English proficient in their prior school, but do not meet the standards in their new school. With the passage of Local Control Funding Formula, school districts are required to meet eight state priorities for all students, with particular emphasis on English learner and low-income students. The author asserts, that with greater priority and emphasis on English learner reclassification and achievement, the existing system does not allow for a comparison of district.

This bill seeks to establish statewide criteria for reclassifying English learners and ensure students are appropriately reclassified, receive adequate support and are prepared to participate in mainstream instructional programs.

1. Recent related report. In January 2014, the Public Policy Institute of California 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. 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 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.
2. English learners and reclassification. According to the CDE, in the 2015-16 school year there were approximately 1.4 million English learners in California public schools, constituting 22.1 percent of the total enrollment. The statewide average rate of annual reclassification of English learners to English proficient is approximately 11 percent.

Although English learner data is collected for 60 language groups, 94 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 SBE 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 SBE, 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.

1. Assessment of English learners. The current statewide assessment, as required by federal and state laws, is the CELDT. The test is designed to measure listening, speaking, reading and writing proficiencies in English and results from the test are used to identify new students who are English learners, measure progress towards English proficiency on an annual basis, and help determine when a student is eligible for reclassification and can sufficiently participate in the mainstream classes.

In 2015, the state began the development of a new English Language Development Test, called the English Language Proficiency Assessment for California (ELPAC). The new ELPAC is aligned to the new English Language Development standards, includes two different tests; an initial screener and an annual summative assessment. Field testing of the ELPAC is scheduled to begin in March 2017, and results from the field testing will be used for the initial standards setting. The summative ELPAC will be given in the spring, allowing for more days of instruction, and possible reclassification before the start of the next school year as opposed to the CELDT which was given in the fall. The ELPAC is anticipated to be more rigorous than its predecessor. English learners are also subject to the same state assessments in academic content areas as other non-English learner students. English learners do have some access to supports, including translation of test instruction.

1. Special education and English learners. According to the CDE, while 10 percent of California students qualify for special education services, 9.1 percent of English proficient students and 14.4 percent of English learners qualify for these services. This shows that English learners are identified for special education services at a higher rate than for non-English learners. Compared to other states, California has an above average percentage of English learners in special education and 35 percent of all English learners in special education in the country. The identification, assessment and instruction of English learners who may qualify for special education services is a complex process and inappropriate placements may cause a spike in rates. In recognition of those complexities, this bill requires the CDE to develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learner students with IEPs or student disability accommodation, in consultation experts in both language development and special education.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• State reimbursable mandated costs, likely in the low millions of dollars in Proposition 98 General Fund, for this bill’s new English learner reclassification activities, including the requirement for district representatives to meet regularly to review the language proficiency and academic performance of English learners.
• Unknown Proposition 98 General Fund cost pressure to provide school teachers and administrators with professional development on the new English learner reclassification criteria.
• $250,000 in one-time General Fund and $187,000 ongoing General Fund for the various activities affecting the CDE, including the development of guidance for LEAs regarding the new reclassification criteria and the development of recommendations for the Legislature.
• Potential Proposition 98 General Fund cost pressure for the state to provide additional supports and interventions for LEAs to ensure that English learners are being reclassified.

SUPPORT: (Verified 5/26/17)

Association of California School Administrators

California Federation of Teachers

Families in School

Riverside County Superintendent of Schools

San Francisco Unified School District

OPPOSITION: (Verified 5/26/17)

None received

Prepared by:

5/27/17 18:17:14

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 463 (Lara) - English learners: reclassification

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 25, 2017

Bill Summary:

This bill establishes new procedures for the reclassification of a student from English learner to English proficient whereby a local educational agency (LEA) would determine whether to reclassify an English learner according to specified criteria.

Fiscal Impact:

• State reimbursable mandated costs, likely in the low millions of dollars in Proposition 98 General Fund, for the bill’s new English learner reclassification activities, including the requirement for district representatives to meet regularly to review the language proficiency and academic performance of English learners.
• Unknown Proposition 98 General Fund cost pressure to provide school teachers and administrators with professional development on the new English learner reclassification criteria.
• $250,000 in one-time General Fund and $187,000 ongoing General Fund for the various activities affecting the California Department of Education (CDE), including the development of guidance for LEAs regarding the new reclassification criteria and the development of recommendations for the Legislature.
• Potential Proposition 98 General Fund cost pressure for the state to provide additional supports and interventions for LEAs to ensure that English learners are being reclassified.

Author Amendments:

Make clarifying changes, including a revision to the reference to English learners who do not have individualized education programs, and a correction to the reference for the new English language arts assessment. The amendments also specify that the guidance developed by the CDE for LEAs may include the development of instructional tools to ensure consistency.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 463 (Lara) - English learners: reclassification

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

Bill Summary:

This bill establishes new procedures for the reclassification of a student from English learner to English proficient whereby a local educational agency (LEA) would determine whether to reclassify an English learner according to specified criteria.

Fiscal Impact:

• State reimbursable mandated costs, likely in the low millions in annual Proposition 98 General Fund, for the bill’s new English learner reclassification activities, including the requirement for district representatives to meet regularly to review the language proficiency and academic performance of English learners.
• Unknown Proposition 98 General Fund cost pressure to provide school teachers and administrators with professional development on the new English learner reclassification criteria.
• $250,000 one-time General Fund and $187,000 ongoing General Fund for the various activities affecting the California Department of Education (CDE), including the development of guidance for LEAs regarding the new reclassification criteria and the development of recommendations for the Legislature.
• Potential Proposition 98 General Fund cost pressure for the state to provide additional supports and interventions for LEAs to ensure that English learners are being reclassified.

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 until they are reclassified as fluent English proficient.

Existing law requires the CDE, with the approval of the State Board of Education, 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, an assessment of language proficiency, teacher evaluation, and parental opinion and consultation.

Proposed Law:

This bill deletes the requirement for CDE to establish procedures for the reclassification of a student from English learner to English proficient and would instead require an LEA to determine reclassification according to specified criteria for purposes of establishing statewide standards for reclassifying English learners. Specifically, commencing with the 2018-2019 school year, the bill requires an LEA that has one or more students who are English learners in grades 3 to 12, and who do not have an individualized education program (IEP) or a student disability accommodation plan, as specified, to determine whether to reclassify according to the following:

1. Assessment of language proficiency using the English language development assessment that is identified or developed pursuant to existing law.
2. Teacher evaluation of the student’s English language arts curriculum mastery.
3. The opinion of and consultation with, parents and guardians.
4. Comparison of the performance of the student in English language arts against an empirically established range of performance in basic skills based upon the performance of English proficient students of the same age using the results from English Language Arts California Assessment of Student Performance and Progress.

This bill also authorizes an LEA, commencing with the 2018-19 school year, to determine whether to reclassify an English learner in grades K to 2 who does not have an IEP or a student disability accommodation plan according to the following:

1. Assessment of language proficiency using the English language development assessment that is identified or developed pursuant to existing law.
2. Teacher evaluation of the students English language arts curriculum mastery.
3. The opinion of, and consultation with, parents and guardians.
4. Academic performance of the students in English language arts as measured by grades or locally developed assessments.

On or before March 1, 2018, the CDE, with approval of the State Board of Education (SBE), would be required to develop guidance for LEAs related to the implementation of this bill, as specified. The bill also requires CDE, on or before September 1, 2018, in consultation with SBE, to develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learner students with individualized education programs or student disability accommodation plans adopted pursuant to federal law, as specified. On or before July 1, 2018, the bill requires the SBE in consultation with the CDE, to determine minimum scores on specified assessments for reclassification of a student as English proficient.

The bill provides that an English learner is immediately eligible for reclassification if the student attains those minimum scores on the assessment, unless the LEA determines there is academic related evidence the student will not be successful in a mainstream curriculum.

The bill also requires an LEA that has a numerically significant student subgroup of English learners or that includes specific goals and actions of that student subgroup in its local control and accountability plan to complete specific actions for purposes of reclassifying students as English proficient to do all of the following:

1. Identify a group of teachers and administrators with expertise relating English learners to meet regularly for purposes of ensuring English learners are being reclassified, as specified. A LEA with an average daily attendance of fewer than 1,000 students may form a partnership with another LEA’s.
2. Develop a process and procedures to monitor the academic performance of students four years after their reclassification as English proficient.
3. Review the current process and procedures for the placement of English learners in a special education program, as specified.

Finally, the bill states the intent of the Legislature that school district and school site staff receive professional development on English learner reclassification criteria prior to implementation of the provisions of this bill.

Related Legislation:

AB 785 (O’Donnell, Chapter 579, Statutes of 2016) requires, by July 1, 2018, the CDE to develop a manual for the purpose of providing guidance to local educational agencies on identifying, assessing, supporting and reclassifying English learners who may qualify for special education services and students with disabilities who may be classified as English learners.

SB 1108 (Padilla, Chapter 434, Statutes of 2012), required the CDE 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.

Staff Comments:

This bill would result in significant state reimbursable mandated costs for LEAs to reclassify students as English proficient. Reimbursable activities include the requirement for district representatives to meet regularly to review the language proficiency and academic performance of English learners for the purposes of ensuring they are being reclassified, the development of a process to monitor the academic performance of students that are reclassified, and the requirement for LEAs to review current processes and procedures for the placement of English learners in a special education program. Assuming the marginal increase of the equivalent of one quarter-time position at each of the state’s approximate 1,000 LEAs, this bill would result in reimbursable state mandated costs in the low millions in Proposition 98 General Fund. These costs could be higher if a school district requires additional staff to perform these activities. Further, to the extent that a district would need new database system/infrastructure development or modification, the costs could be even higher.

There would also be unknown one-time Proposition 98 cost pressure to train school district staff and provide professional development on the new English learner reclassification criteria. To the extent that school districts need additional resources for support and interventions aimed at ensuring that English learners are being reclassified, there would be additional ongoing Proposition 98 cost pressure that is unknown.

Further, this bill could lead to pressure for the state to develop additional standardized assessments for grade levels in which the Smarter Balances Assessment in English Language Arts is not administered (grades 1, 2, 9, 10 and 12). However, the author’s office has indicated that the bill is not intended to create any new standardized assessments, and will be amending the bill to address this issue.

Staff notes that under the Local Control Funding Formula (LCFF), school districts generate supplemental and concentration grant funds for serving unduplicated student populations, including English Learners. The LCFF is designed to provide LEAs with the majority of their resources in unrestricted funding to support the basic educational program for all students. Additional funding, based on the enrollment of unduplicated students, is provided for increasing or improving services to these high-need students. Specifically, supplemental grants provide an additional 20 percent in base grant funds for unduplicated students at the school level while concentration grants provide an additional 50 percent above base grant funding for unduplicated students that exceed 55 percent of total district enrollment. The portion of these funds along with federal Title III funds that are used for the activities required by this measure may be determined to be offsetting revenues under the state mandates process.

Additionally, under the federal Every Student Succeeds Act, there are specific requirements regarding the reclassification and monitoring of English learners. It is likely that many of the bill’s provisions overlap with these requirements. Further, the California School Dashboard as part of the state’s new integrated accountability and continuous improvement system includes English learner progress as a state indicator for the statewide priority regarding student achievement. Therefore, school districts already have clear incentive to perform reclassification activities and are likely to be utilizing existing resources for these purposes. As such, any new local cost imposed by the bill would need to be looked at marginally.

CDE indicates that this bill would result in a total of $437,000 in General Fund costs for the bill’s various activities. This estimate includes ongoing costs of $187,000 to develop guidance for LEAs regarding the new reclassification criteria, convening a group for purposes of developing the guidance, technical assistance and professional development, and to develop minimum assessment scores for reclassification. The estimate also includes $250,000 in one-time costs to contract for a research study to recommend minimum scores for reclassification and to develop and submit recommendations regarding the appropriate reclassification criteria for English learners with IEP’s or students with 504 plans.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: April 5, 2017

Subject:

SUMMARY

This bill deletes the requirement for the California Department of Education (CDE) to establish procedures for the reclassification of a student from English learner to English proficient and would instead require a local educational agency to determine reclassification according to the specified criteria for purposes of establishing statewide standards for reclassifying English learners.

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 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 deletes the requirement for the Department of Education (CDE) to establish procedures for the reclassification of a student from English learner to English proficient and would instead require a local educational agency (LEA) to determine reclassification according to the specified criteria for purposes of establishing statewide standards for reclassifying English learners. Specifically, it:

1. Commencing with the 2018-2019 school year requires a LEA that has one or more students who are English learners in grades 3 to 12, and who do not have an individualized education program (IEP) or a student disability accommodation plan, as specified, to determine whether to reclassify according to the following:
   1. Assessment of language proficiency using the English language

development assessment that is identified or developed pursuant to existing law.

• 1. Teacher evaluation of the student’s English language arts curriculum

mastery.

• 1. The opinion of and consultation with, parents and guardians.
  2. Comparison of the performance of the student in English language arts

against an empirically established range of performance in basic skills based upon the performance of English proficient students of the same age using the results from English Language Arts California Assessment of Student Performance and Progress.

1. Commencing with the 2018-2019 school year, authorizes a LEA to determine whether to reclassify an English learner in grades K to 2 who does not have an IEP or a student disability accommodation plan according to the following:
   1. Assessment of language proficiency using the English language

development assessment that is identified or developed pursuant to existing law.

• 1. Teacher evaluation of the students English language arts curriculum

mastery.

• 1. The opinion of, and consultation with, parents and guardians.
  2. Academic performance of the students in English language arts as

measured by grades or locally developed assessments.

1. On or before March 1, 2018, requires the California Department of Education (CDE), with the approval of the state board of education (SBE), to develop guidance related to the provisions of this bill that includes but not limited to:
   1. A definition of a student’s “curriculum mastery” in English language arts.
   2. Detailed information on the implementation of parent consultation.
2. On or before September 1, 2018, the CDE, in consultation with SBE, to develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learner students with individualized education programs or student disability accommodation plans adopted pursuant to federal law, as specified.
3. On or before July 1, 2018 requires the SBE in consultation with the CDE, to determine minimum scores on specified assessments for reclassification of a student as English proficient.
4. Provides that an English learner is immediately eligible for reclassification if the student attains those minimum scores on the assessment, unless the local education agency (LEA) determines there is academic related evidence the student will not be successful in a mainstream curriculum.
5. Requires a LEA that has a numerically significant student subgroup of English learners or that includes specific goals and actions of that student subgroup in its local control and accountability plan to complete specific actions for purposes of reclassifying students as English proficient to do all of the following:
   1. Identify a group of teachers and administrators with expertise relating

English learners to meet regularly for purposes of ensuring English learners are being reclassified, as specified. A LEA with an average daily attendance of fewer than 1,000 students may form a partnership with another LEA’s.

• 1. Develop a process and procedures to monitor the academic performance

of students four years after their reclassification as English proficient.

• 1. Review current process and procedures for the placement of English

learners in a special education program, as specified.

1. States the intent of the Legislature that school district and school site staff receive professional development on English learner reclassification criteria prior to implementation of the provisions of this bill.
2. Deletes obsolete provisions relating to the reclassification of a student from English learner to English proficient.
3. Makes other technical changes.

STAFF COMMENTS

1. Need for the bill. Criteria for the reclassification of a student from English learner to English proficient vary widely among school districts across the state. According to the author, disparate reclassification policies often create confusion and conflict between districts, teachers, and parents. When a student moves to a new school district, they may have been reclassified as English proficient in their prior school, but do not meet the standards in their new school. With the passage of Local Control Funding Formula, school districts are required to meet eight state priorities for all students, with particular emphasis on English learner and low-income students. The author asserts, that with greater priority and emphasis on English learner reclassification and achievement, the existing system does not allow for a comparison of district.

This bill seeks to establish statewide criteria for reclassifying English learners and ensure students are appropriately reclassified, receive adequate support and are prepared to participate in mainstream instructional programs.

1. 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:
2. 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.
3. 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.
4. 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.
5. English learners and reclassification. According to the California Department of Education (CDE), in the 2015-16 school year there were approximately 1.4 million English learners in California public schools, constituting 22.1 percent of the total enrollment. The statewide average rate of annual reclassification of English learners to English proficient is approximately 11 percent.

Although English learner data is collected for 60 language groups, 94 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.

1. Assessment of English learners. The current statewide assessment, as required by federal and state laws, is the California English Language Development Test (CELDT). The test is designed to measure listening, speaking, reading and writing proficiencies in English and results from the test are used to identify new students who are English learners, measure progress towards English proficiency on an annual basis, and help determine when a student is eligible for reclassification and can sufficiently participate in the mainstream classes.

In 2015, the state began the development of a new English Language Development Test, called the English Language Proficiency Assessment for California (ELPAC). The new ELPAC is aligned to the new English Language Development (ELD) standards, includes two different tests; an initial screener and an annual summative assessment. Field testing of the ELPAC is scheduled to begin in March 2017, and results from the field testing will be used for the initial standards setting. The summative ELPAC will be given in the spring, allowing for more days of instruction, and possible reclassification before the start of the next school year as opposed to the CELDT which was given in the fall. The ELPAC is anticipated to be more rigorous than its predecessor. English learners are also subject to the same state assessments in academic content areas as other non-English learner students. English learners do have some access to supports, including translation of test instruction.

1. Special education and English learners. According to the California Department of Education (CDE), while 10 percent of California students qualify for special education services, 9.1 percent of English proficient students and 14.4 percent of English learners qualify for these services. This shows that English learners are identified for special education services at a higher rate than for non-English learners. Compared to other states, California has an above average percentage of English learners in special education and 35 percent of all English learners in special education in the country. The identification, assessment and instruction of English learners who may qualify for special education services is a complex process and inappropriate placements may cause a spike in rates. In recognition of those complexities, this bill requires the California Department of Education (CDE) to develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learner students with individualized education programs or student disability accommodation, in consultation experts in both language development and special education.
2. Prior and related legislation.

AB 785 (O’Donnell, Chapter 579, Statutes of 2016) requires, by July 1, 2018, the California Department of Education to develop a manual for the purpose of providing guidance to local educational agencies on identifying, assessing, supporting and reclassifying English learners who may qualify for special education services and students with disabilities who may be classified as English learners.

SB 1108 ( Padilla, 2014) would have extended the deadline for the California Department of Education to issue the report on English learner reclassification established by SB 1108 (Padilla, Chapter 434, statutes of 2012) and also added “reclassified English learners” as a numerically significant pupil subgroup for the purposes of the Academic Performance Index. SB 1108 was held in Senate Appropriations.

SUPPORT

Association of California School Administrators

California Federation of Teachers (CFT)

Families in School

Riverside County Superintendent of Schools

San Francisco Unified School District (SFUSD)

OPPOSITION

None received.

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