AB 2555: English learners: reclassification.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-27
Current Status:
Passed
(2026-09-27: Chaptered by Secretary of State - Chapter 619, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
This bill changes how California reclassifies English learner students so that meeting the state English‑proficiency score on the English language assessment is the main basis for becoming English proficient; it affects schools, districts, charter schools, students who are English learners (including those with individualized education programs, or IEPs), and their parents. It requires clear parent notices about English learner status and annual testing, a standardized teacher observation tool, alternate rubrics and sample work so English learner students with IEPs can qualify for reclassification, four‑year monitoring and public reporting of reclassification rates, and funding for an evaluation of the new process.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupils level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, (1) an assessment of language proficiency using an objective assessment instrument, including the English language development test that is developed or acquired by the Superintendent of Public Instruction, (2) teacher evaluation, (3) parental opinion and consultation, and (4) a comparison of the performance of the pupil 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.
Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their childs teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request.
This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.
Commencing July 1, 2027, this bill would require a school district, county office of education, or charter school to communicate to the parent or guardian of a pupil who is determined to be an English learner in a clear, concise, and comprehensible manner specified information regarding the pupil, including, among other things, that the pupil has been classified as an English learner, that the parent or guardian is encouraged to engage as a partner with the school, as provided, and that the pupil will take an assessment each year to measure the pupils progress toward becoming proficient in English. The bill would instead require that an English learner pupil who, in the 202526 school year or any school year thereafter, meets the score established by the state board for purposes of reclassification on an assessment of English language proficiency identified or developed pursuant to specified provisions, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency, as provided, be reclassified as English proficient, as specified. Commencing July 1, 2027, the bill would require the department, as those pupil scores become available, to record the pupils who meet the scores established by the state board as reclassified in the appropriate data system. After a pupil is reclassified, the bill would require a local educational agency to ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupils parent or guardian that their child has been reclassified, as provided. Commencing July 1, 2028, and subject to the availability of rubrics and sample alternate pupil work and performance tasks described below, the bill would require a pupil who (1) is an English learner, (2) has an individualized education program (IEP), (3) received English language development instruction but has not achieved the proficiency level required for purposes of reclassification, (4) has used all designated supports and accommodations and any domain exemptions required by the pupils IEP, and (5) either scored an overall performance level that is one level below the level established by the state board for purposes of reclassification, or, as applicable, received any score on the statewide alternate assessment for English language proficiency, and whose local educational agency determines that the pupil has demonstrated, through the use of specified alternate coursework and performance tasks, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the assessment of English language proficiency or the statewide alternate assessment for English language proficiency, to be reported to the department by the local educational agency as reclassified as English proficient. The bill would require a local educational agency, for a pupil who has been reclassified as English proficient, to monitor the pupils progress to ensure, among other things, that English proficiency is not a barrier to the pupils academic success, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would provide that, commencing January 1, 2027, parents or guardians of children enrolled in public schools also have the right to, among other things, meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, as provided. By imposing new duties on public schools, the bill would impose a state-mandated local program.
This bill would require the state board, on or before January 1, 2028, to identify (1) means of monitoring reclassified pupils for 4 years after reclassification and (2) an appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners, as provided. The bill would require the department, on or before January 1, 2028, to identify appropriate interventions for pupils who have been determined as needing additional support for their English language, as provided. Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the bill would require the department to annually post on its internet website the reclassification rates of each local educational agency and charter school, statewide reclassification rates, and outcomes of reclassified pupils, as provided.
Existing law requires the Sacramento County Office of Education to utilize specified funding appropriated in the Budget Act of 2026 to develop resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, as provided.
This bill would require the Sacramento County Office of Education to utilize the same funding described above to (1) develop rubrics and sample alternate pupil work and performance tasks to enable pupils who are English learners and have IEPs to demonstrate proficiency for purposes of reclassification, and (2) submit the completed rubrics and sample alternate pupil work and performance tasks to the department on or before January 1, 2028. By expanding the purposes for which previously appropriated funds may be used, this bill would make an appropriation. The bill would require the department to (1) post the completed rubrics and sample alternate pupil work and performance tasks submitted by the Sacramento County Office of Education on its internet website on or before June 30, 2028, and (2), subject to an appropriation for these purposes, contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the bill to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032, as provided.
This bill would delete obsolete provisions.
This bill would incorporate additional changes to Section 51101 of the Education Code proposed by SB 1412 to be operative only if this bill and SB 1412 are enacted and this bill is enacted last.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupils level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, (1) an assessment of language proficiency using an objective assessment instrument, including the English language development test that is developed or acquired by the Superintendent of Public Instruction, (2) teacher evaluation, (3) parental opinion and consultation, and (4) a comparison of the performance of the pupil 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.
Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their childs teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request.
This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.
Commencing July 1, 2027, this bill would require a school district, county office of education, or charter school to communicate to the parent or guardian of a pupil who is determined to be an English learner in a clear, concise, and comprehensible manner specified information regarding the pupil, including, among other things, that the pupil has been classified as an English learner, that the parent or guardian is encouraged to engage as a partner with the school, as provided, and that the pupil will take an assessment each year to measure the pupils progress toward becoming proficient in English. The bill would instead require that an English learner pupil who, in the 202526 school year or any school year thereafter, meets the score established by the state board for purposes of reclassification on an assessment of English language proficiency identified or developed pursuant to specified provisions, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency, as provided, be reclassified as English proficient, as specified. Commencing July 1, 2027, the bill would require the department, as those pupil scores become available, to record the pupils who meet the scores established by the state board as reclassified in the appropriate data system. After a pupil is reclassified, the bill would require a local educational agency to ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupils parent or guardian that their child has been reclassified, as provided. Commencing July 1, 2028, and subject to the availability of rubrics and sample alternate pupil work and performance tasks described below, the bill would require a pupil who (1) is an English learner, (2) has an individualized education program (IEP), (3) received English language development instruction but has not achieved the proficiency level required for purposes of reclassification, (4) has used all designated supports and accommodations and any domain exemptions required by the pupils IEP, and (5) either scored an overall performance level that is one level below the level established by the state board for purposes of reclassification, or, as applicable, received any score on the statewide alternate assessment for English language proficiency, and whose local educational agency determines that the pupil has demonstrated, through the use of specified alternate coursework and performance tasks, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the assessment of English language proficiency or the statewide alternate assessment for English language proficiency, to be reported to the department by the local educational agency as reclassified as English proficient. The bill would require a local educational agency, for a pupil who has been reclassified as English proficient, to monitor the pupils progress to ensure, among other things, that English proficiency is not a barrier to the pupils academic success, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would provide that, commencing January 1, 2027, parents or guardians of children enrolled in public schools also have the right to, among other things, meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, as provided. By imposing new duties on public schools, the bill would impose a state-mandated local program.
This bill would require the state board, on or before January 1, 2028, to identify (1) means of monitoring reclassified pupils for 4 years after reclassification and (2) an appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners, as provided. The bill would require the department, on or before January 1, 2028, to identify appropriate interventions for pupils who have been determined as needing additional support for their English language, as provided. Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the bill would require the department to annually post on its internet website the reclassification rates of each local educational agency and charter school, statewide reclassification rates, and outcomes of reclassified pupils, as provided.
Existing law requires the Sacramento County Office of Education to utilize specified funding appropriated in the Budget Act of 2026 to develop resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, as provided.
This bill would require the Sacramento County Office of Education to utilize the same funding described above to (1) develop rubrics and sample alternate pupil work and performance tasks to enable pupils who are English learners and have IEPs to demonstrate proficiency for purposes of reclassification, and (2) submit the completed rubrics and sample alternate pupil work and performance tasks to the department on or before January 1, 2028. By expanding the purposes for which previously appropriated funds may be used, this bill would make an appropriation. The bill would require the department to (1) post the completed rubrics and sample alternate pupil work and performance tasks submitted by the Sacramento County Office of Education on its internet website on or before June 30, 2028, and (2), subject to an appropriation for these purposes, contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the bill to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032, as provided.
This bill would delete obsolete provisions.
This bill would incorporate additional changes to Section 51101 of the Education Code proposed by SB 1412 to be operative only if this bill and SB 1412 are enacted and this bill is enacted last.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupils level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, (1) an assessment of language proficiency using an objective assessment instrument, including the English language development test that is developed or acquired by the Superintendent of Public Instruction, (2) teacher evaluation, (3) parental opinion and consultation, and (4) a comparison of the performance of the pupil 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.
Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their childs teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request.
This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.
Commencing July 1, 2027, this bill would require a school district, county office of education, or charter school to communicate to the parent or guardian of a pupil who is determined to be an English learner in a clear, concise, and comprehensible manner specified information regarding the pupil, including, among other things, that the pupil has been classified as an English learner, that the parent or guardian is encouraged to engage as a partner with the school, as provided, and that the pupil will take an assessment each year to measure the pupils progress toward becoming proficient in English. The bill would instead require that an English learner pupil who, in the 202526 school year or any school year thereafter, meets the score established by the state board for purposes of reclassification on an assessment of English language proficiency identified or developed by the Superintendent, pursuant to specified provisions, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency, as provided, be reclassified as English proficient. proficient, as specified. Commencing July 1, 2027, the bill would require the department, as those pupil scores become available, to record the pupils who meet the scores established by the state board as reclassified in the appropriate data system. After a pupil is reclassified, the bill would require a local educational agency to ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupils parent or guardian that their child has been reclassified, as provided. Commencing July 1, 2028, and subject to the availability of rubrics and sample alternate pupil work and performance tasks described below, the bill would require a pupil who (1) is an English learner, (2) has an individualized education program (IEP), (3) received English language development instruction but has not achieved the proficiency level required for purposes of reclassification, (4) has used all designated supports and accommodations and any domain exemptions required by the pupils IEP, and (5) either scored an overall performance level that is one level below the level established by the state board for purposes of reclassification, or, as applicable, received any score on the statewide alternate assessment for English language proficiency, and whose local educational agency determines that the pupil has demonstrated, through the use of specified alternate coursework and performance tasks, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the assessment of English language proficiency or the statewide alternate assessment for English language proficiency, to be reported to the department by the local educational agency as reclassified as English proficient. The bill would require a local educational agency, for a pupil who has been reclassified as English proficient, to monitor the pupils progress to ensure, among other things, that English proficiency is not a barrier to the pupils academic success, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would provide that, commencing January 1, 2027, parents or guardians of children enrolled in public schools also have the right to, among other things, meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, as provided. By imposing new duties on public schools, the bill would impose a state-mandated local program.
This bill would require the state board, on or before January 1, 2028, to identify (1) means of monitoring reclassified pupils for 4 years after reclassification and (2) an appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners, as provided. The bill would require the department, on or before January 1, 2028, to identify appropriate interventions for pupils who have been determined as needing additional support for their English language, as provided. Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the bill would require the department to annually post on its internet website the reclassification rates of each local educational agency and charter school, statewide reclassification rates, and outcomes of reclassified pupils, as provided.
Existing law requires the Sacramento County Office of Education to utilize specified funding appropriated in the Budget Act of 2026 to develop resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, as provided.
This bill, subject to an appropriation for these purposes, bill would require the department or a county office of education Sacramento County Office of Education to utilize the same funding described above to (1) contract for the development of develop rubrics and sample alternate pupil work and performance tasks to enable pupils who are English learners and have IEPs to demonstrate proficiency for purposes of reclassification, and (2) post submit the completed rubrics and sample alternate pupil work and performance tasks on its internet website to the department on or before January 1, 2028, and (3) 2028. By expanding the purposes for which previously appropriated funds may be used, this bill would make an appropriation. The bill would require the department to (1) post the completed rubrics and sample alternate pupil work and performance tasks submitted by the Sacramento County Office of Education on its internet website on or before June 30, 2028, and (2), subject to an appropriation for these purposes, contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the bill to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032, as provided.
This bill would delete obsolete provisions.
This bill would incorporate additional changes to Section 51101 of the Education Code proposed by SB 1412 to be operative only if this bill and SB 1412 are enacted and this bill is enacted last.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupils level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, (1) an assessment of language proficiency using an objective assessment instrument, including the English language development test that is developed or acquired by the Superintendent of Public Instruction, (2) teacher evaluation, (3) parental opinion and consultation, and (4) a comparison of the performance of the pupil 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.
Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their childs teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request.
This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.
Commencing July 1, 2027, this bill would require a school district, county office of education, or charter school to communicate to the parent or guardian of a pupil who is determined to be an English learner in a clear, concise, and comprehensible manner specified information regarding the pupil, including, among other things, that the pupil has been classified as an English learner, that the parent or guardian is encouraged to engage as a partner with the school, as provided, and that the pupil will take an assessment each year to measure the pupils progress toward becoming proficient in English. The bill would instead require, beginning with the 202627 school year, require that an English learner pupil be reclassified as English proficient when the pupil who, in the 202526 school year or any school year thereafter, meets the score established by the state board for purposes of reclassification on an assessment of English language proficiency identified or developed by the Superintendent, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency, as provided. provided, be reclassified as English proficient. Commencing July 1, 2027, the bill would require the department, as those pupil scores become available, to record the pupils who meet the scores established by the state board as reclassified in the appropriate data system. After a pupil is reclassified, the bill would require a local educational agency to ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupils parent or guardian that their child has been reclassified, as provided. Commencing July 1, 2028, and subject to the availability of rubrics and sample alternate pupil work and performance tasks described below, the bill would require a pupil who (1) is an English learner, (2) has an individualized education program (IEP), (3) received English language development instruction but has not achieved the proficiency level required for purposes of reclassification, (4) has used all designated supports and accommodations and any domain exemptions required by the pupils IEP, and (5) for pupils who do not take the statewide alternate assessment for English language proficiency, either scored an overall performance level that is one level below the level established by the state board for purposes of reclassification, or, as applicable, received any score on the statewide alternate assessment for English language proficiency, and whose local educational agency determines that the pupil has demonstrated, through the use of specified alternate coursework and performance tasks, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the assessment of English language proficiency or the statewide alternate assessment for English language proficiency, to be reported to the department by the local educational agency as reclassified as English proficient. The bill would require a local educational agency, for a pupil who has been reclassified as English proficient, to monitor the pupils progress to ensure, among other things, that English proficiency is not a barrier to the pupils academic success, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would provide that that, commencing January 1, 2027, parents or guardians of children enrolled in public schools also have the right to, among other things, meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, as provided. By imposing new duties on public schools, the bill would impose a state-mandated local program.
This bill would require the state board, on or before January 1, 2028, to identify (1) means of monitoring reclassified pupils for 4 years after reclassification and (2) an appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners, as provided. The bill would require the department, on or before January 1, 2028, to identify appropriate interventions for pupils who have been determined as needing additional support for their English language, as provided. Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the bill would require the department to annually post on its internet website the reclassification rates of each local educational agency and charter school, statewide reclassification rates, and outcomes of reclassified pupils, as provided.
This bill, subject to an appropriation for these purposes, would require the department or a county office of education to (1) contract for the development of rubrics and sample alternate pupil work and performance tasks to enable pupils who are English learners and have IEPs to demonstrate proficiency for purposes of reclassification, (2) post the completed rubrics and sample alternate pupil work and performance tasks on its internet website on or before January 1, 2028, and (3) contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the bill to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032, as provided.
This bill would delete obsolete provisions.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupils level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, (1) an assessment of language proficiency using an objective assessment instrument, including the English language development test that is developed or acquired by the Superintendent of Public Instruction, (2) teacher evaluation, (3) parental opinion and consultation, and (4) a comparison of the performance of the pupil 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.
Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their childs teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request.
This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.
Commencing July 1, 2027, this bill would require a school district, county office of education, or charter school to communicate to the parent or guardian of a pupil who is determined to be an English learner in a clear, concise, and comprehensible manner specified information regarding the pupil, including, among other things, that the pupil has been classified as an English learner, that the parent or guardian is encouraged to engage as a partner with the school, as provided, and that the pupil will take an assessment each year to measure the pupils progress toward becoming proficient in English. The bill would instead require require, beginning with the 202627 school year, that an English learner pupil be reclassified as English proficient when the pupil meets the score established by the state board for purposes of reclassification on an assessment of English language proficiency identified or developed by the Superintendent, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency, as provided. The Commencing July 1, 2027, the bill would require the department, as those pupil scores become available, to record the pupils who meet the scores established by the state board as reclassified in the appropriate data system. After a pupil is reclassified, the bill would require a local educational agency to ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupils parent or guardian that their child has been reclassified, as provided. Commencing July 1, 2028, the bill would require a pupil who (1) is an English learner, (2) has an individualized education program (IEP), (3) received English language development instruction, does not take the statewide alternate assessment, instruction but has not achieved the proficiency level required for purposes of reclassification, (4) has used all designated supports and accommodations and any domain exemptions required by the pupils IEP, and has failed to achieve the score required by the state board for purposes of reclassification, (5) for pupils who do not take the statewide alternate assessment for English language proficiency, scored an overall performance level that is one level below the level established by the state board for purposes of reclassification, and whose local educational agency determines that the pupil has demonstrated, through the use of specified alternate coursework and performance tasks, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the assessment of English language proficiency or the statewide alternate assessment for English language proficiency, to be reported to the department by the local educational agency as reclassified as English proficient. The bill would require a local educational agency, for a pupil who has been reclassified as English proficient, to monitor the pupils progress to ensure, among other things, that English proficiency is not a barrier to the pupils academic success, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would provide that parents or guardians of children enrolled in public schools also have the right to, among other things, meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, as provided. By imposing new duties on public schools, the bill would impose a state-mandated local program.
This bill would require the state board, on or before January 1, 2028, to identify (1) means of monitoring reclassified pupils for 4 years after reclassification and (2) an appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners, as provided. The bill would require the department, on or before January 1, 2028, to identify appropriate interventions for pupils who have been determined as needing additional support for their English language, as provided. Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the bill would require the department to annually post on its internet website the reclassification rates of each local educational agency and charter school, statewide reclassification rates, and outcomes of reclassified pupils, as provided.
This bill, subject to an appropriation for these purposes, would require the department or a county office of education to (1) contract for the development of rubrics and sample alternative coursework alternate pupil work and performance tasks to enable pupils who are English learners, have IEPs, and do not qualify to take the statewide alternate assessment for English language proficiency learners and have IEPs to demonstrate proficiency for purposes of reclassification, (2) post the completed rubrics and sample alternative coursework alternate pupil work and performance tasks on its internet website on or before June 30, January 1, 2028, and (3) contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the bill to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032, as provided.
This bill would delete obsolete provisions.
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 each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupils level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, (1) an assessment of language proficiency using an objective assessment instrument, including the English language development test that is developed or acquired by the Superintendent of Public Instruction, (2) teacher evaluation, (3) parental opinion and consultation, and (4) a comparison of the performance of the pupil 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.
Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their childs teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request.
This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.
Commencing July 1, 2027, this bill would require a school district, county office of education, or charter school to communicate to the parent or guardian of a pupil who is determined to be an English learner in a clear, concise, and comprehensible manner specified information regarding the pupil, including, among other things, that the pupil has been classified as an English learner, that the parent or guardian is encouraged to engage as a partner with the school, as provided, and that the pupil will take an assessment each year to measure the pupils progress toward becoming proficient in English. The bill would instead require that an English learner pupil be reclassified as English proficient if when the pupil meets the score established by the state board for purposes of reclassification on an assessment of English language proficiency identified or developed by the Superintendent, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency, as provided. The bill would require the department, as those pupil scores become available, and on or before May 30 of each year, to record the pupils who meet the scores established by the state board as reclassified in the appropriate data system. After a pupil is reclassified, the bill would require a local educational agency to ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupils parent or guardian that their child has been reclassified, as provided. The Commencing July 1, 2028, the bill would require a pupil who is an English learner, has an individualized education program (IEP), received English language development instruction, does not take the statewide alternate assessment, has used all test designated supports and accommodations and any domain exemptions required by the pupils IEP, and has failed to achieve the score required by the state board for purposes of reclassification, and whose local educational agency determines that the pupil has demonstrated, through the use of specified alternate coursework and performance tasks, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the assessment of English language proficiency or the statewide alternate assessment for English language proficiency, to be reported to the department by the local educational agency as reclassified as English proficient. The bill would require a local educational agency, for a pupil who has been reclassified as English proficient, to monitor the pupils progress to ensure, among other things, that the pupil does not fail to progress academically because of insufficient proficiency in English. English proficiency is not a barrier to the pupils academic success, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would provide that parents or guardians of children enrolled in public schools also have the right to, among other things, meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, as provided. By imposing new duties on public schools, the bill would impose a state-mandated local program.
This bill would require the state board, on or before January 1, 2028, to identify one or more an appropriate instruments instrument to be used for purposes of determining whether the English proficiency of a reclassified pupil is posing a barrier to the pupils academic success and appropriate interventions for pupils who need additional support for the English language to progress academically. monitoring the progress of reclassified English learners, as provided. Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the bill would require the department to annually post on its internet website the reclassification rates of each local educational agencies and agency and charter school, statewide reclassification rates, and outcomes of reclassified pupils, as provided.
This bill, subject to an appropriation for these purposes, would require the department, (1) on or before June 30, 2028, to develop and post on its internet website department to (1) contract for the development of rubrics and sample alternative coursework and performance tasks for to enable pupils who are English learners, have IEPs, and do not qualify to take the statewide alternate assessment for English language proficiency to demonstrate proficiency in each of the domains of the English language development assessment identified or developed by the Superintendent, for purposes of reclassification, (2) post the completed rubrics and sample alternative coursework and performance tasks on its internet website on or before June 30, 2028, and (2) to (3) contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the bill to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032, as provided.
This bill would delete obsolete provisions.
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 each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupils level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, (1) an assessment of language proficiency using an objective assessment instrument, including the English language development test that is developed or acquired by the Superintendent of Public Instruction, (2) teacher evaluation, (3) parental opinion and consultation, and (4) a comparison of the performance of the pupil 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.
Existing law requires the summative assessment to be conducted annually during a 4-month period after January 1 determined by the Superintendent with the approval of the state board and the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires that those provisions not be implemented unless and until the department receives written documentation from the United States Department of Education that implementation is permitted by federal law or until the 201314 school year, whichever occurs later.This bill would delete the latter-described provision.This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.
Commencing July 1, 2027, this bill would require a school district, county office of education, or charter school to communicate to the parent or guardian of a pupil who is determined to be an English learner in a clear, concise, and comprehensible manner specified information regarding the pupil, including, among other things, that the pupil has been classified as an English learner, that the parent or guardian is encouraged to engage as a partner with the school, as provided, and that the pupil will take an assessment each year to measure the pupils progress toward becoming proficient in English. The bill would instead require that an English learner pupil be reclassified as English proficient if the pupil meets the score established by the state board for purposes of reclassification on an assessment of English language proficiency identified or developed by the Superintendent, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency, as provided. The bill would require the department, as those pupil scores become available, and on or before May 30 of each year, to record the pupils who meet the scores established by the state board as reclassified in the appropriate data system. After a pupil is reclassified, the bill would require a local educational agency to ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupils parent or guardian that their child has been reclassified, as provided. The bill would require a pupil who is an English learner, has an individualized education program (IEP), does not take the statewide alternate assessment, has used all test accommodations and any domain exemptions required by the pupils IEP, and has failed to achieve the score required by the state board for purposes of reclassification, and whose local educational agency determines that the pupil has demonstrated, through the use of alternate coursework and performance tasks, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the assessment of English language proficiency or the statewide alternate assessment for English language proficiency, to be reported to department by the local educational agency as reclassified as English proficient. The bill would require a local educational agency, for a pupil who has been reclassified as English proficient, to monitor the pupils progress to ensure, among other things, that the pupil does not fail to progress academically because of insufficient proficiency in English. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
This bill would require the state board, on or before January 1, 2028, to identify one or more appropriate instruments to be used for purposes of determining whether the English proficiency of a reclassified pupil is posing a barrier to the pupils academic success and appropriate interventions for pupils who need additional support for the English language to progress academically. Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the bill would require the department to annually post on its internet website the reclassification rates of local educational agencies and statewide reclassification rates, as provided.
This bill, subject to an appropriation for these purposes, would require the department, (1) on or before June 30, 2028, to develop and post on its internet website alternative coursework and performance tasks for pupils who are English learners, have IEPs, and do not qualify to take the statewide alternate assessment for English language proficiency to demonstrate proficiency in each of the domains of the English language development assessment identified or developed by the Superintendent, and (2) to contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the bill to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032, as provided.
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 each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupils level of proficiency, as specified. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient.
Existing law requires the summative assessment to be conducted annually during a 4-month period after January 1 determined by the Superintendent with the approval of the state board and the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires that those provisions not be implemented unless and until the department receives written documentation from the United States Department of Education that implementation is permitted by federal law or until the 201314 school year, whichever occurs later.
This bill would delete the latter-described provision.
(a)The Legislature finds and declares all of the following:
(1)Californias vision for English learner success, as articulated in the California English Learner (EL) Roadmap Policy, adopted by the State Board of Education in 2017, is that English learners attain high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages. The EL Roadmap Policy also states that California schools should value and seek to build upon the cultural and linguistic assets pupils bring to their education. Californias system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.
(2)The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.
(3)The Legislature also recognizes that reclassification policies must be carefully designed to avoid reclassifying pupils too early, which can leave pupils with insufficient English proficiency to succeed academically, and reclassifying pupils too late, which can restrict pupils opportunity to learn and segregate them from their peers.
(4)Californias reclassification system was established nearly 50 years ago through amendments to the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code) and has not materially changed since then.
(5)Federal law requires states to establish and implement standardized, statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status. Since the passage of this law, the number of states with one criterion for reclassification has doubled, and as of 2023, 44 states use only a pupils English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.
(6)Many of Californias systems, including its accountability, support, and finance systems, are built on the assumption that the state has a consistent definition of English learner around the state.
(7)However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.
(8)According to research by the Learning Policy Institute, roughly one-half of all English learners who are not reclassified by the end of elementary school scored proficient on the states assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.
(9)Research also indicates that there are significant gaps in reclassification rates by home language. This holds true even for pupils scoring at the same proficiency level on the assessment of English language proficiency.
(10)On average, it takes 226 days for a pupil who scores proficient in English to be reclassified, and many pupils score proficient for multiple years before they are reclassified.
(11)Factors unrelated to English proficiency, such as attendance, behavior, discipline, and homework completion, are often incorporated into reclassification decisions. Grades, which often incorporate nonacademic measures and are inconsistent from teacher to teacher, are also frequently used.
(12)Many school districts use more measures, and a higher level of rigor on those measures, than is necessary. According to the Public Policy Institute of California, as of 2025, 52 percent of school districts use two assessments for the basic skills criterion and 30 percent of school districts use three.
(13)Local educational agencies also report that reclassification for English learners with an individualized education program whose disability affects their ability to show proficiency in English is highly challenging.
(14)California has invested in the development of alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that those pupils can demonstrate completion of the state graduation requirements through alternate means.
(15)While the current reclassification criteria require a consultation with parents about reclassification, parents report that communication about reclassification is ineffective, piecemeal, and disjointed, and deprives them of the opportunity to engage as partners with schools to support their childrens language development.
(16)Federal law requires that local educational agencies monitor reclassified English learners for four years after they are reclassified. Unlike some other states, California does not have a standardized system of monitoring for these pupils.
(b)It is the intent of the Legislature to reform the states reclassification system to make it standardized, efficient, transparent, consistent with current state English learner policies, and accessible to parents, and to emphasize that reclassification is a milestone on the path to biliteracy.
SEC. 2.Section 313 of the Education Code is amended to read:313.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily use the English language development test identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 201314 school year, whichever occurs later.
(2)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4)Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)(1)An English learner pupil who, on the 202526 or 202627 administration of a summative assessment, meets the score established by the state board for purposes of reclassification on the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations, shall be reclassified as English proficient. The pupil shall be considered reclassified as English proficient as of the day after the pupil demonstrated proficiency through one of these assessments.
(2)A pupil who, on the 202526 administration of a summative assessment, met the requirements of subparagraph (1) and did not reclassify in the 202526 school year, shall be reclassified as English proficient on or before January 31, 2027, by the local educational agency, as specified in subparagraph (1).
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 3.Section 313 is added to the Education Code, to read:313.(a)The Legislature finds and declares that federal law requires states to establish and implement standardized statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status (20 U.S.C. Sec. 6821 et seq.). This section, Sections 313.3 and 313.4, and subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 include the states standardized entry and exit procedures.
(b)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(c)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).
(d)(1)The assessment shall be conducted upon initial enrollment, and annually thereafter, during a period of time determined by the Education Commissioner and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall use the English language development test identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The determination of a pupils eligibility to take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations may be made before a determination that the pupil is eligible to take the alternate performance assessment in English language arts or mathematics, as authorized by Section 60640.
(e)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Education Commissioner with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).
(3)Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(f)The assessments conducted pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become operative on July 1, 2027.
SEC. 4.Section 313.3 of the Education Code is amended and renumbered to read:314.(a)On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupils English language proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.
(b)(1)The protocol shall be designed to be used by teachers to evaluate a pupils use of English while engaging in academic content learning, including interactive language use with peers.
(2)The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils performance along the continuum of progress toward proficiency in English.
(3)The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.
(4)The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators.
(5)The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(c)It is the intent of the Legislature that the protocol additionally be useful to all of the following:
(1)Teachers, as a formative assessment tool for purposes of supporting pupils progress toward proficiency in English during the school year.
(2)Teachers discussions with parents regarding pupils progress toward English language proficiency.
(3)Institutions of higher education in the preparation of new teachers.
(d)(1)In developing the protocol, the department shall consult, at minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils.
(2)In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.
(3)The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs.
(e)The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.
(f)The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use.
SEC. 5.Section 313.3 is added to the Education Code, to read:313.3.(a)When a pupil is initially determined to be an English learner pursuant to Section 313, the school district, county office of education, or charter school shall communicate to the pupils parent or guardian in a clear, concise, and comprehensible manner, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, all of the following information regarding the parent or guardians child:
(1)Their child has been classified as an English learner.
(2)Californias vision of success for English learners is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. Californias schools value the culture and language that their child brings to their education.
(3)They are encouraged to engage as a partner with the school in supporting their childs language development and may request meetings with their childs teachers to discuss their childs progress.
(4)Their child is entitled to special support in order to help them learn English and succeed in school.
(5)Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years.
(6)(A)Their childs reclassification as English proficient is an important accomplishment and may be seen as a step on the path to becoming literate in two languages, also known as biliteracy.
(B)If their child becomes biliterate, they may be eligible to earn the State Seal of Biliteracy, which is a special recognition in the form of a seal affixed to their high school diploma.
(b)The notice required pursuant to subdivision (a) may be provided at the same time as the notice required pursuant to Section 440, as applicable.
(c)This section shall become operative on July 1, 2027.
SEC. 6.Section 313.4 is added to the Education Code, immediately following Section 313.3, to read:313.4.(a)All English learner pupils, including those with or without disabilities, are eligible to reclassify from English learner to English proficient when they meet the requirements of this section or Section 313.5.
(b)(1)(A)An English learner pupil shall be reclassified as English proficient when the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. The pupil shall be considered reclassified as English proficient as of the day after the pupil demonstrated proficiency through one of these assessments.
(B)A pupil who, on the 202627 administration of a summative assessment, met the requirements of subdivision (f) of Section 313, as that section read on June 30, 2027, and did not reclassify in the 202627 school year, shall be reclassified as English proficient on or before January 31, 2028, by the local educational agency, as specified in that subdivision.
(2)(A)As pupil scores specified in subparagraph (A) of paragraph (1) become available, the department shall record the pupils who meet the requirements of subparagraph (A) of paragraph (1) as reclassified in the appropriate data system.
(B)After a pupil has been recorded as reclassified in the appropriate data system pursuant to subparagraph (A), a local educational agency shall do both of the following, as applicable:
(i)Ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil. This includes, but is not limited to, making any necessary course placement adjustments for pupils in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status.
(ii)Communicate to the pupils parent or guardian, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupils potential opportunity to earn the State Seal of Biliteracy.
(C)After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.
(3)Local educational agencies are encouraged to recognize a pupil and the pupils family for the pupils accomplishment of achieving proficiency in English and encourage the pupil to pursue a course of study leading to biliteracy and a State Seal of Biliteracy, if offered by the local educational agency.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
(d)This section shall become operative on July 1, 2027.
SEC. 7.Section 313.5 of the Education Code is repealed.SEC. 8.Section 313.5 is added to the Education Code, to read:313.5.(a)(1)The Legislature finds and declares that California has established alternate coursework and performance tasks for educators to use for pupils with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
(2)It is the intent of the Legislature to enable the pupils described in paragraph (1) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(b)(1)Commencing July 1, 2028, and subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, if an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency if all of the following are true for the pupil:
(A)Received English language development instruction that would reasonably be expected to result in English proficiency but has not achieved the proficiency level required for purposes of reclassification on the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(B)Used all designated supports and accommodations and any domain exemptions in accordance with the pupils individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(C)Scored an overall performance level that is one level below the level established by the state board for purposes of reclassification on the most recent administration of the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, received any score on the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)(A)(i)If a pupil meets the criteria pursuant to paragraph (1) and the local educational agency determines through using rubrics developed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 that the pupil has demonstrated, through new or existing pupil work aligned to the alternate pupil work and performance tasks developed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department as described in subparagraph (B). Documentation of a determination made pursuant to this clause shall be recorded in the pupils individualized education program.
(ii)The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.
(B)A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving a report, the department shall record any pupils in the appropriate data systems as reclassified.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 9.Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:313.6.(a)The Legislature finds and declares that Section 6841(a)(5) of Title 20 of the United States Code and Section 11304 of Title 5 of the California Code of Regulations require local educational agencies to monitor and report on the progress of pupils who have been reclassified from English learner to English proficient, including the number and percentage of those pupils who are meeting challenging state academic standards for each of the four years after those pupils are no longer receiving services in the aggregate and disaggregated by, at a minimum, pupils with disabilities.
(b)(1)Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupils progress to ensure all of the following:
(A)English proficiency is not a barrier to the pupils academic success, which indicates the pupil has not been prematurely reclassified as English proficient.
(B)Any academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.
(C)The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
(2)The requirements of this subdivision are declarative of existing federal law.
(c)On or before January 1, 2028, the state board shall identify both of the following:
(1)Means of monitoring reclassified pupils for four years after reclassification for purposes of identifying pupils who are not meeting challenging state academic standards after reclassification.
(2)An appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners pursuant to Section 6841(a)(5) of Title 20 of the United States Code who are not meeting challenging academic standards, which is aligned to the English language development standards and performance levels of the assessment of English language development, is appropriate for use by content area teachers at all grade levels, and is designed for use with all pupils, including those with individualized education programs. In identifying an appropriate instrument, the state board shall consider the use of the standardized English language observation protocol established pursuant to Section 314.
(d)On or before January 1, 2028, the department shall identify appropriate interventions for pupils who are determined, pursuant to paragraph (1), as needing additional support for their English language in order to progress academically.
(e)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 10.Section 313.7 is added to the Education Code, immediately following Section 313.6, to read:313.7.Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the department shall annually post on its internet website all of the following:
(a)The reclassification rates of each local educational agency and charter school.
(b)Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.
(c)In addition to the data required to be reported pursuant to paragraph (1) of subdivision (b) of Section 60900.1, statewide rates of chronic absenteeism, suspension and expulsion, and school stability of reclassified pupils.
SEC. 11.Section 313.9 is added to the Education Code, immediately following Section 313.7, to read:313.9.Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall contract for an evaluation of the effects of the changes to the reclassification criteria and process required by Assembly Bill 2555 of the 202526 Regular Session to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032. The evaluation shall include, but not be limited to, the effects on all of the following for pupils who have ever been classified as English learners:
(a)The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.
(b)The longitudinal achievement of English learner pupils in English language arts and mathematics, including pre- and post-reclassification.
(c)Core curriculum access, including course placement of reclassified middle school and high school pupils and including, at minimum, a comparison with pupils never classified as English learners with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.
(d)For pupils who are reclassified in any grade, four-year and five-year cohort graduation rates and rates of completion of courses required to meet the admissions requirements of the California State University and the University of California.
(e)The administration of reclassification procedures at the local level.
(f)Engagement of parents in their childrens education and understanding of English learner status and the reclassification process.
(g)Achievement of biliteracy, including receiving the State Seal of Biliteracy.
(h)Reclassification of English learners with disabilities.
(i)The number of long-term English learners and the percentage of long-term English learners who have disabilities.
(j)The monitoring practices of school districts, county offices of education, and charter schools.
(k)The quality of English language development instruction for English learners.
SEC. 12.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 12.5.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(17)(A)If a parent, guardian, or educational rights holder is unable to attend an individual meeting in person with a teacher about their child, to communicate with their childs teacher by telephone or a school-approved web conferencing platform. A meeting conducted in this manner shall not be recorded or transcribed.
(B)If a parent, guardian, or educational rights holder elects to attend a meeting in either of the manners described in subparagraph (A), then both of the following shall apply:
(i)The parent, guardian, or educational rights holder, and school, shall comply with existing law related to nonconsensual recording, including Section 51512 of this code and Section 632 of the Penal Code.
(ii)The school shall notify the parent, guardian, or educational rights holder of the potential risks to privacy and confidentiality due to the meeting format or arising from discussing potentially sensitive information.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 13.Section 51225.33 of the Education Code is amended to read:51225.33.(a)(1)For the 202627 fiscal year, the Sacramento County Office of Education shall utilize the funding appropriated in Item 6100-488 of Section 2.0 of the Budget Act of 2026 to develop both of the following:
(A)(i)Resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, pursuant to subdivision (b) of Section 51225.3, Sections 51225.31 and 51225.32, and paragraph (1) of subdivision (b) of Section 56345.
(ii)Assistance provided pursuant to clause (i) shall include, but is not limited to, developing resources, training, and technical assistance to ensure coherence and consistency related to diploma attainment, secondary transition, and inclusive college programs, and the development of a statewide community of practice available to all local educational agencies to assist with implementation of alternative pathways to a high school diploma.
(B)Rubrics and sample alternate pupil work and performance tasks that are aligned to the content and performance levels of the domains of the English language development assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 and the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations for each of the grades or grade spans assessed using that assessment to enable pupils who are English learners and have individualized education programs to demonstrate proficiency for purposes of reclassification pursuant to Section 313.5. The rubrics and sample alternate pupil work and performance tasks shall be completed and submitted to the department on or before January 1, 2028.
(2)Funding appropriated for purposes of this subdivision shall be available for encumbrance through June 30, 2031.
(b)The department shall post the rubrics and sample alternate pupil work and performance tasks submitted pursuant to subparagraph (B) of paragraph (2) of subdivision (a) on the departments internet website on or before June 30, 2028.
SEC. 14.Section 12.5 of this bill incorporates amendments to Section 51101 of the Education Code proposed by both this bill and Senate Bill 1412. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 51101 of the Education Code, and (3) this bill is enacted after Senate Bill 1412, in which case Section 12 of this bill shall not become operative.
SEC. 15.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.
SEC. 16.Section 12 of this act shall become operative on January 1, 2027.
SEC. 17.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that English language reclassification criteria are applied consistently to all currently enrolled English learner pupils, it is necessary that this bill go into immediate effect.
(a)The Legislature finds and declares all of the following:
(1)Californias vision for English learner success, as articulated in the California English Learner (EL) Roadmap Policy, adopted by the State Board of Education in 2017, is that English learners attain high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages. The EL Roadmap Policy also states that California schools should value and seek to build upon the cultural and linguistic assets pupils bring to their education. Californias system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.
(2)The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.
(3)The Legislature also recognizes that reclassification policies must be carefully designed to avoid reclassifying pupils too early, which can leave pupils with insufficient English proficiency to succeed academically, and reclassifying pupils too late, which can restrict pupils opportunity to learn and segregate them from their peers.
(4)Californias reclassification system was established nearly 50 years ago through amendments to the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code) and has not materially changed since then.
(5)Federal law requires states to establish and implement standardized, statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status. Since the passage of this law, the number of states with one criterion for reclassification has doubled, and as of 2023, 44 states use only a pupils English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.
(6)Many of Californias systems, including its accountability, support, and finance systems, are built on the assumption that the state has a consistent definition of English learner around the state.
(7)However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.
(8)According to research by the Learning Policy Institute, roughly one-half of all English learners who are not reclassified by the end of elementary school scored proficient on the states assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.
(9)Research also indicates that there are significant gaps in reclassification rates by home language. This holds true even for pupils scoring at the same proficiency level on the assessment of English language proficiency.
(10)On average, it takes 226 days for a pupil who scores proficient in English to be reclassified, and many pupils score proficient for multiple years before they are reclassified.
(11)Factors unrelated to English proficiency, such as attendance, behavior, discipline, and homework completion, are often incorporated into reclassification decisions. Grades, which often incorporate nonacademic measures and are inconsistent from teacher to teacher, are also frequently used.
(12)Many school districts use more measures, and a higher level of rigor on those measures, than is necessary. According to the Public Policy Institute of California, as of 2025, 52 percent of school districts use two assessments for the basic skills criterion and 30 percent of school districts use three.
(13)Local educational agencies also report that reclassification for English learners with an individualized education program whose disability affects their ability to show proficiency in English is highly challenging.
(14)California has invested in the development of alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that those pupils can demonstrate completion of the state graduation requirements through alternate means.
(15)While the current reclassification criteria require a consultation with parents about reclassification, parents report that communication about reclassification is ineffective, piecemeal, and disjointed, and deprives them of the opportunity to engage as partners with schools to support their childrens language development.
(16)Federal law requires that local educational agencies monitor reclassified English learners for four years after they are reclassified. Unlike some other states, California does not have a standardized system of monitoring for these pupils.
(b)It is the intent of the Legislature to reform the states reclassification system to make it standardized, efficient, transparent, consistent with current state English learner policies, and accessible to parents, and to emphasize that reclassification is a milestone on the path to biliteracy.
SEC. 2.Section 313 of the Education Code is amended to read:313.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily use the English language development test identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 201314 school year, whichever occurs later.
(2)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4)Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)(1)An English learner pupil who, on the 202526 or 202627 administration of a summative assessment, meets the score established by the state board for purposes of reclassification on the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations, shall be reclassified as English proficient. The pupil shall be considered reclassified as English proficient as of the day after the pupil demonstrated proficiency through one of these assessments.
(2)A pupil who, on the 202526 administration of a summative assessment, met the requirements of subparagraph (1) and did not reclassify in the 202526 school year, shall be reclassified as English proficient on or before January 31, 2027, by the local educational agency, as specified in subparagraph (1).
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 3.Section 313 is added to the Education Code, to read:313.(a)The Legislature finds and declares that federal law requires states to establish and implement standardized statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status (20 U.S.C. Sec. 6821 et seq.). This section, Sections 313.3 and 313.4, and subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 include the states standardized entry and exit procedures.
(b)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(c)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).
(d)(1)The assessment shall be conducted upon initial enrollment, and annually thereafter, during a period of time determined by the Education Commissioner and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall use the English language development test identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The determination of a pupils eligibility to take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations may be made before a determination that the pupil is eligible to take the alternate performance assessment in English language arts or mathematics, as authorized by Section 60640.
(e)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Education Commissioner with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).
(3)Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(f)The assessments conducted pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become operative on July 1, 2027.
SEC. 4.Section 313.3 of the Education Code is amended and renumbered to read:314.(a)On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupils English language proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.
(b)(1)The protocol shall be designed to be used by teachers to evaluate a pupils use of English while engaging in academic content learning, including interactive language use with peers.
(2)The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils performance along the continuum of progress toward proficiency in English.
(3)The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.
(4)The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators.
(5)The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(c)It is the intent of the Legislature that the protocol additionally be useful to all of the following:
(1)Teachers, as a formative assessment tool for purposes of supporting pupils progress toward proficiency in English during the school year.
(2)Teachers discussions with parents regarding pupils progress toward English language proficiency.
(3)Institutions of higher education in the preparation of new teachers.
(d)(1)In developing the protocol, the department shall consult, at minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils.
(2)In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.
(3)The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs.
(e)The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.
(f)The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use.
SEC. 5.Section 313.3 is added to the Education Code, to read:313.3.(a)When a pupil is initially determined to be an English learner pursuant to Section 313, the school district, county office of education, or charter school shall communicate to the pupils parent or guardian in a clear, concise, and comprehensible manner, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, all of the following information regarding the parent or guardians child:
(1)Their child has been classified as an English learner.
(2)Californias vision of success for English learners is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. Californias schools value the culture and language that their child brings to their education.
(3)They are encouraged to engage as a partner with the school in supporting their childs language development and may request meetings with their childs teachers to discuss their childs progress.
(4)Their child is entitled to special support in order to help them learn English and succeed in school.
(5)Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years.
(6)(A)Their childs reclassification as English proficient is an important accomplishment and may be seen as a step on the path to becoming literate in two languages, also known as biliteracy.
(B)If their child becomes biliterate, they may be eligible to earn the State Seal of Biliteracy, which is a special recognition in the form of a seal affixed to their high school diploma.
(b)The notice required pursuant to subdivision (a) may be provided at the same time as the notice required pursuant to Section 440, as applicable.
(c)This section shall become operative on July 1, 2027.
SEC. 6.Section 313.4 is added to the Education Code, immediately following Section 313.3, to read:313.4.(a)All English learner pupils, including those with or without disabilities, are eligible to reclassify from English learner to English proficient when they meet the requirements of this section or Section 313.5.
(b)(1)(A)An English learner pupil shall be reclassified as English proficient when the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. The pupil shall be considered reclassified as English proficient as of the day after the pupil demonstrated proficiency through one of these assessments.
(B)A pupil who, on the 202627 administration of a summative assessment, met the requirements of subdivision (f) of Section 313, as that section read on June 30, 2027, and did not reclassify in the 202627 school year, shall be reclassified as English proficient on or before January 31, 2028, by the local educational agency, as specified in that subdivision.
(2)(A)As pupil scores specified in subparagraph (A) of paragraph (1) become available, the department shall record the pupils who meet the requirements of subparagraph (A) of paragraph (1) as reclassified in the appropriate data system.
(B)After a pupil has been recorded as reclassified in the appropriate data system pursuant to subparagraph (A), a local educational agency shall do both of the following, as applicable:
(i)Ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil. This includes, but is not limited to, making any necessary course placement adjustments for pupils in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status.
(ii)Communicate to the pupils parent or guardian, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupils potential opportunity to earn the State Seal of Biliteracy.
(C)After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.
(3)Local educational agencies are encouraged to recognize a pupil and the pupils family for the pupils accomplishment of achieving proficiency in English and encourage the pupil to pursue a course of study leading to biliteracy and a State Seal of Biliteracy, if offered by the local educational agency.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
(d)This section shall become operative on July 1, 2027.
SEC. 7.Section 313.5 of the Education Code is repealed.SEC. 8.Section 313.5 is added to the Education Code, to read:313.5.(a)(1)The Legislature finds and declares that California has established alternate coursework and performance tasks for educators to use for pupils with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
(2)It is the intent of the Legislature to enable the pupils described in paragraph (1) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(b)(1)Commencing July 1, 2028, and subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, if an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency if all of the following are true for the pupil:
(A)Received English language development instruction that would reasonably be expected to result in English proficiency but has not achieved the proficiency level required for purposes of reclassification on the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(B)Used all designated supports and accommodations and any domain exemptions in accordance with the pupils individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(C)Scored an overall performance level that is one level below the level established by the state board for purposes of reclassification on the most recent administration of the assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, received any score on the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)(A)(i)If a pupil meets the criteria pursuant to paragraph (1) and the local educational agency determines through using rubrics developed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 that the pupil has demonstrated, through new or existing pupil work aligned to the alternate pupil work and performance tasks developed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department as described in subparagraph (B). Documentation of a determination made pursuant to this clause shall be recorded in the pupils individualized education program.
(ii)The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.
(B)A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving a report, the department shall record any pupils in the appropriate data systems as reclassified.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 9.Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:313.6.(a)The Legislature finds and declares that Section 6841(a)(5) of Title 20 of the United States Code and Section 11304 of Title 5 of the California Code of Regulations require local educational agencies to monitor and report on the progress of pupils who have been reclassified from English learner to English proficient, including the number and percentage of those pupils who are meeting challenging state academic standards for each of the four years after those pupils are no longer receiving services in the aggregate and disaggregated by, at a minimum, pupils with disabilities.
(b)(1)Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupils progress to ensure all of the following:
(A)English proficiency is not a barrier to the pupils academic success, which indicates the pupil has not been prematurely reclassified as English proficient.
(B)Any academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.
(C)The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
(2)The requirements of this subdivision are declarative of existing federal law.
(c)On or before January 1, 2028, the state board shall identify both of the following:
(1)Means of monitoring reclassified pupils for four years after reclassification for purposes of identifying pupils who are not meeting challenging state academic standards after reclassification.
(2)An appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners pursuant to Section 6841(a)(5) of Title 20 of the United States Code who are not meeting challenging academic standards, which is aligned to the English language development standards and performance levels of the assessment of English language development, is appropriate for use by content area teachers at all grade levels, and is designed for use with all pupils, including those with individualized education programs. In identifying an appropriate instrument, the state board shall consider the use of the standardized English language observation protocol established pursuant to Section 314.
(d)On or before January 1, 2028, the department shall identify appropriate interventions for pupils who are determined, pursuant to paragraph (1), as needing additional support for their English language in order to progress academically.
(e)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 10.Section 313.7 is added to the Education Code, immediately following Section 313.6, to read:313.7.Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the department shall annually post on its internet website all of the following:
(a)The reclassification rates of each local educational agency and charter school.
(b)Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.
(c)In addition to the data required to be reported pursuant to paragraph (1) of subdivision (b) of Section 60900.1, statewide rates of chronic absenteeism, suspension and expulsion, and school stability of reclassified pupils.
SEC. 11.Section 313.9 is added to the Education Code, immediately following Section 313.7, to read:313.9.Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall contract for an evaluation of the effects of the changes to the reclassification criteria and process required by Assembly Bill 2555 of the 202526 Regular Session to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032. The evaluation shall include, but not be limited to, the effects on all of the following for pupils who have ever been classified as English learners:
(a)The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.
(b)The longitudinal achievement of English learner pupils in English language arts and mathematics, including pre- and post-reclassification.
(c)Core curriculum access, including course placement of reclassified middle school and high school pupils and including, at minimum, a comparison with pupils never classified as English learners with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.
(d)For pupils who are reclassified in any grade, four-year and five-year cohort graduation rates and rates of completion of courses required to meet the admissions requirements of the California State University and the University of California.
(e)The administration of reclassification procedures at the local level.
(f)Engagement of parents in their childrens education and understanding of English learner status and the reclassification process.
(g)Achievement of biliteracy, including receiving the State Seal of Biliteracy.
(h)Reclassification of English learners with disabilities.
(i)The number of long-term English learners and the percentage of long-term English learners who have disabilities.
(j)The monitoring practices of school districts, county offices of education, and charter schools.
(k)The quality of English language development instruction for English learners.
SEC. 12.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 12.5.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(17)(A)If a parent, guardian, or educational rights holder is unable to attend an individual meeting in person with a teacher about their child, to communicate with their childs teacher by telephone or a school-approved web conferencing platform. A meeting conducted in this manner shall not be recorded or transcribed.
(B)If a parent, guardian, or educational rights holder elects to attend a meeting in either of the manners described in subparagraph (A), then both of the following shall apply:
(i)The parent, guardian, or educational rights holder, and school, shall comply with existing law related to nonconsensual recording, including Section 51512 of this code and Section 632 of the Penal Code.
(ii)The school shall notify the parent, guardian, or educational rights holder of the potential risks to privacy and confidentiality due to the meeting format or arising from discussing potentially sensitive information.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 13.Section 51225.33 of the Education Code is amended to read:51225.33.(a)(1)For the 202627 fiscal year, the Sacramento County Office of Education shall utilize the funding appropriated in Item 6100-488 of Section 2.0 of the Budget Act of 2026 to develop both of the following:
(A)(i)Resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, pursuant to subdivision (b) of Section 51225.3, Sections 51225.31 and 51225.32, and paragraph (1) of subdivision (b) of Section 56345.
(ii)Assistance provided pursuant to clause (i) shall include, but is not limited to, developing resources, training, and technical assistance to ensure coherence and consistency related to diploma attainment, secondary transition, and inclusive college programs, and the development of a statewide community of practice available to all local educational agencies to assist with implementation of alternative pathways to a high school diploma.
(B)Rubrics and sample alternate pupil work and performance tasks that are aligned to the content and performance levels of the domains of the English language development assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 and the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations for each of the grades or grade spans assessed using that assessment to enable pupils who are English learners and have individualized education programs to demonstrate proficiency for purposes of reclassification pursuant to Section 313.5. The rubrics and sample alternate pupil work and performance tasks shall be completed and submitted to the department on or before January 1, 2028.
(2)Funding appropriated for purposes of this subdivision shall be available for encumbrance through June 30, 2031.
(b)The department shall post the rubrics and sample alternate pupil work and performance tasks submitted pursuant to subparagraph (B) of paragraph (2) of subdivision (a) on the departments internet website on or before June 30, 2028.
SEC. 14.Section 12.5 of this bill incorporates amendments to Section 51101 of the Education Code proposed by both this bill and Senate Bill 1412. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 51101 of the Education Code, and (3) this bill is enacted after Senate Bill 1412, in which case Section 12 of this bill shall not become operative.
SEC. 15.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.
SEC. 16.Section 12 of this act shall become operative on January 1, 2027.
SEC. 17.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that English language reclassification criteria are applied consistently to all currently enrolled English learner pupils, it is necessary that this bill go into immediate effect.
(a)The Legislature finds and declares all of the following:
(1)Californias vision for English learner success, as articulated in the California English Learner (EL) Roadmap Policy, adopted by the State Board of Education in 2017, is that English learners attain high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages. The EL Roadmap Policy also states that California schools should value and seek to build upon the cultural and linguistic assets pupils bring to their education. Californias system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.
(2)The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.
(3)The Legislature also recognizes that reclassification policies must be carefully designed to avoid reclassifying pupils too early, which can leave pupils with insufficient English proficiency to succeed academically, and reclassifying pupils too late, which can restrict pupils opportunity to learn and segregate them from their peers.
(4)Californias reclassification system was established nearly 50 years ago through amendments to the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code) and has not materially changed since then.
(5)Federal law requires states to establish and implement standardized, statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status. Since the passage of this law, the number of states with one criterion for reclassification has doubled, and as of 2023, 44 states use only a pupils English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.
(6)Many of Californias systems, including its accountability, support, and finance systems, are built on the assumption that the state has a consistent definition of English learner around the state.
(7)However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.
(8)According to research by the Learning Policy Institute, roughly one-half of all English learners who are not reclassified by the end of elementary school scored proficient on the states assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.
(9)Research also indicates that there are significant gaps in reclassification rates by home language. This holds true even for pupils scoring at the same proficiency level on the assessment of English language proficiency.
(10)On average, it takes 226 days for a pupil who scores proficient in English to be reclassified, and many pupils score proficient for multiple years before they are reclassified.
(11)Factors unrelated to English proficiency, such as attendance, behavior, discipline, and homework completion, are often incorporated into reclassification decisions. Grades, which often incorporate nonacademic measures and are inconsistent from teacher to teacher, are also frequently used.
(12)Many school districts use more measures, and a higher level of rigor on those measures, than is necessary. According to the Public Policy Institute of California, as of 2025, 52 percent of school districts use two assessments for the basic skills criterion and 30 percent of school districts use three.
(13)Local educational agencies also report that reclassification for English learners with an individualized education program whose disability affects their ability to show proficiency in English is highly challenging.
(14)California has invested in the development of alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that those pupils can demonstrate completion of the state graduation requirements through alternate means.
(15)While the current reclassification criteria require a consultation with parents about reclassification, parents report that communication about reclassification is ineffective, piecemeal, and disjointed, and deprives them of the opportunity to engage as partners with schools to support their childrens language development.
(16)Federal law requires that local educational agencies monitor reclassified English learners for four years after they are reclassified. Unlike some other states, California does not have a standardized system of monitoring for these pupils.
(b)It is the intent of the Legislature to reform the states reclassification system to make it standardized, efficient, transparent, consistent with current state English learner policies, and accessible to parents, and to emphasize that reclassification is a milestone on the path to biliteracy.
SEC. 2.Section 313 of the Education Code is amended to read:313.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 201314 school year, whichever occurs later.
(2)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4)Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)(1)An English learner pupil who, in on the 202526 or 202627 school year, administration of a summative assessment, meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations, shall be reclassified as English proficient. The pupil shall be considered reclassified as English proficient as of the date that day after the pupil demonstrated proficiency through one of these assessments.
(2)A pupil who, on the 202526 administration of a summative assessment, met the requirements of subparagraph (1) and did not reclassify in the 202526 school year, shall be reclassified as English proficient on or before January 31, 2027, by the local educational agency, as specified in subparagraph (1).
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 3.Section 313 is added to the Education Code, to read:313.(a)The Legislature finds and declares that federal law requires states to establish and implement standardized statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status (20 U.S.C. Sec. 6821 et seq.). This section and Sections 313.3, 313.4, and 313.8 section, Sections 313.3 and 313.4, and subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 include the states standardized entry and exit procedures.
(b)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(c)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).
(d)(1)The assessment shall be conducted upon initial enrollment, and annually thereafter, during a period of time determined by the Superintendent Education Commissioner and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The determination of a pupils eligibility to take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations may be made before a determination that the pupil is eligible to take the alternate performance assessment in English language arts or mathematics, as authorized by Section 60640.
(e)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent Education Commissioner with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).
(3)Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(f)The assessments conducted pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become operative on July 1, 2027.
SEC. 4.Section 313.3 of the Education Code is amended and renumbered to read:314.(a)On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupils English language proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.
(b)(1)The protocol shall be designed to be used by teachers to evaluate a pupils use of English while engaging in academic content learning, including interactive language use with peers.
(2)The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils performance along the continuum of progress toward proficiency in English.
(3)The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.
(4)The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators.
(5)The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(c)It is the intent of the Legislature that the protocol additionally be useful to all of the following:
(1)Teachers, as a formative assessment tool for purposes of supporting pupils progress toward proficiency in English during the school year.
(2)Teachers discussions with parents regarding pupils progress toward English language proficiency.
(3)Institutions of higher education in the preparation of new teachers.
(d)(1)In developing the protocol, the department shall consult, at minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils.
(2)In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.
(3)The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs.
(e)The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.
(f)The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use.
SEC. 5.Section 313.3 is added to the Education Code, to read:313.3.(a)When a pupil is initially determined to be an English learner pursuant to Section 313, the school district, county office of education, or charter school shall communicate to the pupils parent or guardian in a clear, concise, and comprehensible manner, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, all of the following information regarding the parent or guardians child:
(1)Their child has been classified as an English learner.
(2)Californias vision of success for English learners is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. Californias schools value the culture and language that their child brings to their education.
(3)They are encouraged to engage as a partner with the school in supporting their childs language development and may request meetings with their childs teachers to discuss their childs progress.
(4)Their child is entitled to special support in order to help them learn English and succeed in school.
(5)Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years.
(6)(A)Their childs reclassification as English proficient is an important accomplishment and may be seen as a step on the path to becoming literate in two languages, also known as biliteracy.
(B)If their child becomes biliterate, they may be eligible to earn the State Seal of Biliteracy, which is a special recognition in the form of a seal affixed to their high school diploma.
(b)The notice required pursuant to subdivision (a) may be provided at the same time as the notice required pursuant to Section 440, as applicable.
(c)This section shall become operative on July 1, 2027.
SEC. 6.Section 313.4 is added to the Education Code, immediately following Section 313.3, to read:313.4.(a)All English learner pupils, including those with or without disabilities, are eligible to reclassify from English learner to English proficient when they meet the requirements of this section or Section 313.5.
(b)(1)(A)An English learner pupil shall be reclassified as English proficient when the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. The pupil shall be considered reclassified as English proficient as of the date that day after the pupil demonstrated proficiency through one of these assessments.
(B)A pupil who, on the 202627 administration of a summative assessment, met the requirements of subdivision (f) of Section 313, as that section read on June 30, 2027, and did not reclassify in the 202627 school year, shall be reclassified as English proficient on or before January 31, 2028, by the local educational agency, as specified in that subdivision.
(2)(A)As pupil scores specified in subparagraph (A) of paragraph (1) become available, the department shall record the pupils who meet the requirements of subparagraph (A) of paragraph (1) as reclassified in the appropriate data system.
(B)After a pupil has been recorded as reclassified in the appropriate data system pursuant to subparagraph (A), a local educational agency shall do both of the following, as applicable:
(i)Ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil. This includes, but is not limited to, making any necessary course placement adjustments for pupils in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status.
(ii)Communicate to the pupils parent or guardian, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupils potential opportunity to earn the State Seal of Biliteracy.
(C)After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.
(3)Local educational agencies are encouraged to recognize a pupil and the pupils family for the pupils accomplishment of achieving proficiency in English and encourage the pupil to pursue a course of study leading to biliteracy and a State Seal of Biliteracy, if offered by the local educational agency.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
(d)This section shall become operative on July 1, 2027.
SEC. 7.Section 313.5 of the Education Code is repealed.SEC. 8.Section 313.5 is added to the Education Code, to read:313.5.(a)(1)The Legislature finds and declares that California has established alternate coursework and performance tasks for educators to use for pupils with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
(2)It is the intent of the Legislature to enable the pupils described in paragraph (1) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(b)(1)Commencing July 1, 2028, and subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks pursuant to Section 313.8, subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, if an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency if all of the following are true for the pupil:
(A)Received English language development instruction that would reasonably be expected to result in English proficiency but has not achieved the proficiency level required for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(B)Used all designated supports and accommodations and any domain exemptions in accordance with the pupils individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(C)Scored an overall performance level that is one level below the level established by the state board for purposes of reclassification on the most recent administration of the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, received any score on the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)(A)(i)If a pupil meets the criteria pursuant to paragraph (1) and the local educational agency determines through using rubrics developed pursuant to Section 313.8 subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 that the pupil has demonstrated, through new or existing pupil work aligned to the alternate coursework pupil work and performance tasks developed pursuant to Section 313.8, subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department as described in subparagraph (B). Documentation of a determination made pursuant to this clause shall be recorded in the pupils individualized education program.
(ii)The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.
(B)A local educational agency, for purposes of reporting a pupil as reclassified as English proficient to the department pursuant to subparagraph (A), shall submit a reclassification by alternate coursework code within the California Longitudinal Pupil Achievement Data System (CALPADS). After receiving a report, the department shall generate a department report and a local educational agency report, as applicable, in the appropriate data systems, and shall mark the pupil as reclassified.(B)A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving a report, the department shall record any pupils in the appropriate data systems as reclassified.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 9.Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:313.6.(a)The Legislature finds and declares that Section 6841(a)(5) of Title 20 of the United States Code and Section 11304 of Title 5 of the California Code of Regulations require local educational agencies to monitor and report on the progress of pupils who have been reclassified from English learner to English proficient, including the number and percentage of those pupils who are meeting challenging state academic standards for each of the four years after those pupils are no longer receiving services in the aggregate and disaggregated by, at a minimum, pupils with disabilities.
(b)(1)Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupils progress to ensure all of the following:
(A)English proficiency is not a barrier to the pupils academic success, which indicates the pupil has not been prematurely reclassified as English proficient.
(B)Any academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.
(C)The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
(2)The requirements of this subdivision are declarative of existing federal law.
(c)On or before January 1, 2028, the state board shall identify both of the following:
(1)Means of monitoring reclassified pupils for four years after reclassification for purposes of identifying pupils who are not meeting challenging state academic standards after reclassification.
(2)An appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners pursuant to Section 6841(a)(5) of Title 20 of the United States Code who are not meeting challenging academic standards, which is aligned to the English language development standards and performance levels of the assessment of English language development, is appropriate for use by content area teachers at all grade levels, and is designed for use with all pupils, including those with individualized education programs. In identifying an appropriate instrument, the state board shall consider the use of the standardized English language observation protocol established pursuant to Section 314.
(d)On or before January 1, 2028, the department shall identify appropriate interventions for pupils who are determined, pursuant to paragraph (1), as needing additional support for their English language in order to progress academically.
(e)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 10.Section 313.7 is added to the Education Code, immediately following Section 313.6, to read:313.7.Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the department shall annually post on its internet website all of the following:
(a)The reclassification rates of each local educational agency and charter school.
(b)Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.
(c)In addition to the data required to be reported pursuant to paragraph (1) of subdivision (b) of Section 60900.1, statewide rates of chronic absenteeism, suspension and expulsion, and school stability of reclassified pupils, both statewide and for each local educational agency and charter school. pupils.
SEC. 11.Section 313.8 is added to the Education Code, immediately following Section 313.7, to read:313.8.(a)Subject to an appropriation for this purpose in the Budget Act or another statute, the department or a county office of education shall contract for the development of rubrics and sample alternate pupil work and performance tasks that are aligned to the content and performance levels of the domains of the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 for each of the grades or grade spans assessed using that assessment to enable pupils who are English learners, and have individualized education programs to demonstrate proficiency for purposes of reclassification pursuant to Section 314.(b)The rubrics and sample alternate pupil work and performance tasks developed pursuant to subdivision (a) shall be completed and posted on the departments internet website on or before January 1, 2028.SEC. 12.SEC. 11.Section 313.9 is added to the Education Code, immediately following Section 313.8313.7, to read:313.9.Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall contract for an evaluation of the effects of the changes to the reclassification criteria and process required by Assembly Bill 2555 of the 202526 Regular Session to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032. The evaluation shall include, but not be limited to, the effects on all of the following for pupils who have ever been classified as English learners:
(a)The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.
(b)The longitudinal achievement of English learner pupils in English language arts and mathematics, including pre- and post-reclassification.
(c)Core curriculum access, including course placement of reclassified middle school and high school pupils and including, at minimum, a comparison with pupils never classified as English learners with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.
(d)For pupils who are reclassified in any grade, four-year and five-year cohort graduation rates and rates of completion of courses required to meet the admissions requirements of the California State University and the University of California.
(e)The administration of reclassification procedures at the local level.
(f)Engagement of parents in their childrens education and understanding of English learner status and the reclassification process.
(g)Achievement of biliteracy, including receiving the State Seal of Biliteracy.
(h)Reclassification of English learners with disabilities.
(i)The number of long-term English learners and the percentage of long-term English learners who have disabilities.
(j)The monitoring practices of school districts, county offices of education, and charter schools.
(k)The quality of English language development instruction for English learners.
SEC. 13.SEC. 12.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 12.5.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (d), (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests. tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child. child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish. accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(17)(A)If a parent, guardian, or educational rights holder is unable to attend an individual meeting in person with a teacher about their child, to communicate with their childs teacher by telephone or a school-approved web conferencing platform. A meeting conducted in this manner shall not be recorded or transcribed.
(B)If a parent, guardian, or educational rights holder elects to attend a meeting in either of the manners described in subparagraph (A), then both of the following shall apply:
(i)The parent, guardian, or educational rights holder, and school, shall comply with existing law related to nonconsensual recording, including Section 51512 of this code and Section 632 of the Penal Code.
(ii)The school shall notify the parent, guardian, or educational rights holder of the potential risks to privacy and confidentiality due to the meeting format or arising from discussing potentially sensitive information.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)All schools that participate in the High Priority Schools Grant Program established pursuant to Article 3.5 (commencing with Section 52055.600) of Chapter 6.1 of Part 28 and that maintain kindergarten or any of grades 1 to 5, inclusive, shall jointly develop with parents or guardians for all children enrolled at that schoolsite, a school-parent compact pursuant to Section 6319 of Title 20 of the United States Code.(d)(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 13.Section 51225.33 of the Education Code is amended to read:51225.33.(a)(1)For the 202627 fiscal year, the Sacramento County Office of Education shall utilize the finding funding appropriated in Item 6100-488 of Section 2.0 of the Budget Act of 2026 to develop resources both of the following:
(A)(i)Resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, pursuant to subdivision (b) of Section 51225.3, Sections 51225.31 and 51225.32, and paragraph (1) of subdivision (b) of Section 56345.
(2)Funding appropriated for purposes of this section shall be available for encumbrance through June 30, 2031.(b)(ii)Assistance provided pursuant to this section clause (i) shall include, but is not limited to, developing resources, training, and technical assistance to ensure coherence and consistency related to diploma attainment, secondary transition, and inclusive college programs, and the development of a statewide community of practice available to all local educational agencies to assist with implementation of alternative pathways to a high school diploma.
(B)Rubrics and sample alternate pupil work and performance tasks that are aligned to the content and performance levels of the domains of the English language development assessment identified or developed pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 and the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations for each of the grades or grade spans assessed using that assessment to enable pupils who are English learners and have individualized education programs to demonstrate proficiency for purposes of reclassification pursuant to Section 313.5. The rubrics and sample alternate pupil work and performance tasks shall be completed and submitted to the department on or before January 1, 2028.
(2)Funding appropriated for purposes of this subdivision shall be available for encumbrance through June 30, 2031.
(b)The department shall post the rubrics and sample alternate pupil work and performance tasks submitted pursuant to subparagraph (B) of paragraph (2) of subdivision (a) on the departments internet website on or before June 30, 2028.
SEC. 14.Section 12.5 of this bill incorporates amendments to Section 51101 of the Education Code proposed by both this bill and Senate Bill 1412. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 51101 of the Education Code, and (3) this bill is enacted after Senate Bill 1412, in which case Section 12 of this bill shall not become operative.
SEC. 14.SEC. 15.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.
SEC. 15.SEC. 16.Section 13 12 of this act shall become operative on January 1, 2027.
SEC. 16.SEC. 17.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that English language reclassification criteria are applied consistently to all currently enrolled English learner pupils, it is necessary that this bill go into immediate effect.
(a)The Legislature finds and declares all of the following:
(1)Californias vision for English learner success, as articulated in the California English Learner (EL) Roadmap Policy, adopted by the State Board of Education in 2017, is that English learners attain high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages. The EL Roadmap Policy also states that California schools should value and seek to build upon the cultural and linguistic assets pupils bring to their education. Californias system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.
(2)The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.
(3)The Legislature also recognizes that reclassification policies must be carefully designed to avoid reclassifying pupils too early, which can leave pupils with insufficient English proficiency to succeed academically, and reclassifying pupils too late, which can restrict pupils opportunity to learn and segregate them from their peers.
(4)Californias reclassification system was established nearly 50 years agothrough ago through amendments to the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code) and has not materially changed since then.
(5)Federal law requires states to establish and implement standardized, statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status. Since the passage of this law, the number of states with one criterion for reclassification has doubled, and as of 2023, 44 states use only a pupils English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.
(6)Many of Californias systems, including its accountability, support, and finance systems, are built on the assumption that the state has a consistent definition of English learner around the state.
(7)However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.
(8)According to research by the Learning Policy Institute, roughly one-half of all English learners who are not reclassified by the end of elementary school scored proficient on the states assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.
(9)Research also indicates that there are significant gaps in reclassification rates by home language. This holds true even for pupils scoring at the same proficiency level on the assessment of English language proficiency.
(10)On average, it takes 226 days for a pupil who scores proficient in English to be reclassified, and many pupils score proficient for multiple years before they are reclassified.
(11)Factors unrelated to English proficiency, such as attendance, behavior, discipline, and homework completion, are often incorporated into reclassification decisions. Grades, which often incorporate nonacademic measures and are inconsistent from teacher to teacher, are also frequently used.
(12)Many school districts use more measures, and a higher level of rigor on those measures, than is necessary. According to the Public Policy Institute of California, as of 2025, 52 percent of school districts use two assessments for the basic skills criterion and 30 percent of school districts use three.
(13)Local educational agencies also report that reclassification for English learners with an individualized education program whose disability affects their ability to show proficiency in English is highly challenging.
(14)California has invested in the development of alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that those pupils can demonstrate completion of the state graduation requirements through alternate means.
(15)While the current reclassification criteria require a consultation with parents about reclassification, parents report that communication about reclassification is ineffective, piecemeal, and disjointed, and deprives them of the opportunity to engage as partners with schools to support their childrens language development.
(16)Federal law requires that local educational agencies monitor reclassified English learners for four years after they are reclassified. Unlike some other states, California does not have a standardized system of monitoring for these pupils.
(b)It is the intent of the Legislature to reform the states reclassification system to make it standardized, efficient, transparent, consistent with current state English learner policies, and accessible to parents, and to emphasize that reclassification is a milestone on the path to biliteracy.
SEC. 2.Section 313 of the Education Code is amended to read:313.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 201314 school year, whichever occurs later.
(2)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4)Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)For the 202627 school year, an An English learner pupil shall be reclassified as English proficient when the pupil who, in the 202526 or 202627 school year, meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. Regulations, shall be reclassified as English proficient. The pupil shall be considered reclassified as English proficient as of the date that the pupil demonstrated proficiency through one of these assessments.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 3.Section 313 is added to the Education Code, to read:313.(a)The Legislature finds and declares that federal law requires states to establish and implement standardized statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status (20 U.S.C. Sec. 6821 et seq.). This section and Sections 313.3, 313.4, and 313.8 include the states standardized entry and exit procedures.
(b)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(c)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).
(d)(1)The assessment shall be conducted upon initial enrollment, and annually thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The determination of a pupils eligibility to take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations may be made before a determination that the pupil is eligible to take the alternate performance assessment in English language arts or mathematics, as authorized by Section 60640.
(e)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).
(3)Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(f)The assessments conducted pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become operative on July 1, 2027.
SEC. 4.Section 313.3 of the Education Code is amended and renumbered to read:314.(a)On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupils English language proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.
(b)(1)The protocol shall be designed to be used by teachers to evaluate a pupils use of English while engaging in academic content learning, including interactive language use with peers.
(2)The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils performance along the continuum of progress toward proficiency in English.
(3)The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.
(4)The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators.
(5)The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(c)It is the intent of the Legislature that the protocol additionally be useful to all of the following:
(1)Teachers, as a formative assessment tool for purposes of supporting pupils progress toward proficiency in English during the school year.
(2)Teachers discussions with parents regarding pupils progress toward English language proficiency.
(3)Institutions of higher education in the preparation of new teachers.
(d)(1)In developing the protocol, the department shall consult, at minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils.
(2)In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.
(3)The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs.
(e)The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.
(f)The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use.
SEC. 5.Section 313.3 is added to the Education Code, to read:313.3.(a)When a pupil is initially determined to be an English learner pursuant to Section 313, the school district, county office of education, or charter school shall communicate to the pupils parent or guardian in a clear, concise, and comprehensible manner, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, all of the following information regarding the parent or guardians child:
(1)Their child has been classified as an English learner.
(2)Californias vision of success for English learners is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. Californias schools value the culture and language that their child brings to their education.
(3)They are encouraged to engage as a partner with the school in supporting their childs language development and may request meetings with their childs teachers to discuss their childs progress.
(4)Their child is entitled to special support in order to help them learn English and succeed in school.
(5)Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years.
(6)(A)Their childs reclassification as English proficient is an important accomplishment and may be seen as a step on the path to becoming literate in two languages, also known as biliteracy.
(B)If their child becomes biliterate, they may be eligible to earn the State Seal of Biliteracy, which is a special recognition in the form of a seal affixed to their high school diploma.
(b)The notice required pursuant to subdivision (a) may be provided at the same time as the notice required pursuant to Section 440, as applicable.
(c)This section shall become operative on July 1, 2027.
SEC. 6.Section 313.4 is added to the Education Code, immediately following Section 313.3, to read:313.4.(a)All English learner pupils, including those with or without disabilities, are eligible to reclassify from English learner to English proficient when they meet the requirements of this section or Section 313.5.
(b)(1)An English learner pupil shall be reclassified as English proficient when the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. The pupil shall be considered reclassified as English proficient as of the date that the pupil demonstrated proficiency through one of these assessments.
(2)(A)As pupil scores specified in paragraph (1) become available, the department shall record the pupils who meet the requirements of paragraph (1) as reclassified in the appropriate data system.
(B)After a pupil has been recorded as reclassified in the appropriate data system pursuant to subparagraph (A), a local educational agency shall do both of the following, as applicable:
(i)Ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil. This includes, but is not limited to, making any necessary course placement adjustments for pupils in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status.
(ii)Communicate to the pupils parent or guardian, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupils potential opportunity to earn the State Seal of Biliteracy.
(C)After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.
(3)Local educational agencies are encouraged to recognize a pupil and the pupils family for the pupils accomplishment of achieving proficiency in English and encourage the pupil to pursue a course of study leading to biliteracy and a State Seal of Biliteracy, if offered by the local educational agency.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
(d)This section shall become operative on July 1, 2027.
SEC. 7.Section 313.5 of the Education Code is repealed.SEC. 8.Section 313.5 is added to the Education Code, to read:313.5.(a)(1)The Legislature finds and declares that California has established alternate coursework and performance tasks for educators to use for pupils with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
(2)It is the intent of the Legislature to enable the pupils described in paragraph (1) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(b)(1)Commencing July 1, 2028, and subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks pursuant to Section 313.8, if an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency pursuant to subdivision (b) of Section 313.4 if all of the following are true for the pupil:
(A)Received English language development instruction that would reasonably be expected to result in English proficiency but has not achieved the proficiency level required for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(B)Used all designated supports and accommodations and any domain exemptions in accordance with the pupils individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(C)For pupils who do not take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations, scored Scored an overall performance level that is one level below the level established by the state board for purposes of reclassification on the most recent administration of the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2. 2, or, if applicable, received any score on the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)(A)(i)If a pupil meets the criteria pursuant to paragraph (1) and the local educational agency determines through using rubrics developed pursuant to Section 313.8 that the pupil has demonstrated, through new or existing pupil work aligned to the alternate coursework and performance tasks developed pursuant to Section 313.8, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department. department as described in subparagraph (B). Documentation of a determination made pursuant to this clause shall be recorded in the pupils individualized education program.
(ii)The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.
(B)A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving a report, the department shall record any pupils in the appropriate data systems as reclassified.(B)A local educational agency, for purposes of reporting a pupil as reclassified as English proficient to the department pursuant to subparagraph (A), shall submit a reclassification by alternate coursework code within the California Longitudinal Pupil Achievement Data System (CALPADS). After receiving a report, the department shall generate a department report and a local educational agency report, as applicable, in the appropriate data systems, and shall mark the pupil as reclassified.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 9.Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:313.6.(a)The Legislature finds and declares that Section 6841(a)(5) of Title 20 of the United States Code and Section 11304 of Title 5 of the California Code of Regulations require local educational agencies to monitor and report on the progress of pupils who have been reclassified from English learner to English proficient, including the number and percentage of those pupils who are meeting challenging state academic standards for each of the four years after those pupils are no longer receiving services in the aggregate and disaggregated by, at a minimum, pupils with disabilities.
(b)(1)Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupils progress to ensure all of the following:
(A)English proficiency is not a barrier to the pupils academic success, which indicates the pupil has not been prematurely reclassified as English proficient.
(B)Any academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.
(C)The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
(2)The requirements of this subdivision are declarative of existing federal law.
(c)On or before January 1, 2028, the state board shall identify both of the following:
(1)Means of monitoring reclassified pupils for four years after reclassification for purposes of identifying pupils who are not meeting challenging state academic standards after reclassification.
(2)An appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners pursuant to Section 6841(a)(5) of Title 20 of the United States Code who are not meeting challenging academic standards, which is aligned to the English language development standards and performance levels of the assessment of English language development, is appropriate for use by content area teachers at all grade levels, and is designed for use with all pupils, including those with individualized education programs. In identifying an appropriate instrument, the state board shall consider the use of the standardized English language observation protocol established pursuant to Section 314.
(d)On or before January 1, 2028, the department shall identify appropriate interventions for pupils who are determined, pursuant to paragraph (1), as needing additional support for their English language in order to progress academically.
(e)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 10.Section 313.7 is added to the Education Code, immediately following Section 313.6, to read:313.7.Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the department shall annually post on its internet website all of the following:
(a)The reclassification rates of each local educational agency and charter school.
(b)Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.
(c)In addition to the data required to be reported pursuant to paragraph (1) of subdivision (b) of Section 60900.1, rates of chronic absenteeism, suspension and expulsion, and school stability of reclassified pupils, both statewide and for each local educational agency and charter school.
SEC. 11.Section 313.8 is added to the Education Code, immediately following Section 313.7, to read:313.8.(a)Subject to an appropriation for this purpose in the Budget Act or another statute, the department or a county office of education shall contract for the development of rubrics and sample alternate pupil work and performance tasks that are aligned to the content and performance levels of the domains of the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 for each of the grades or grade spans assessed using that assessment to enable pupils who are English learners, and have individualized education programs to demonstrate proficiency for purposes of reclassification pursuant to Section 314.
(b)The rubrics and sample alternate pupil work and performance tasks developed pursuant to subdivision (a) shall be completed and posted on the departments internet website on or before January 1, 2028.
SEC. 12.Section 313.9 is added to the Education Code, immediately following Section 313.8, to read:313.9.Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall contract for an evaluation of the effects of the changes to the reclassification criteria and process required by Assembly Bill 2555 of the 202526 Regular Session to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032. The evaluation shall include, but not be limited to, the effects on all of the following for pupils who have ever been classified as English learners:
(a)The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.
(b)The longitudinal achievement of English learner pupils in English language arts and mathematics, including pre- and post-reclassification.
(c)Core curriculum access, including course placement of reclassified middle school and high school pupils and including, at minimum, a comparison with pupils never classified as English learners with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.
(d)For pupils who are reclassified in any grade, four-year and five-year cohort graduation rates and rates of completion of courses required to meet the admissions requirements of the California State University and the University of California.
(e)The administration of reclassification procedures at the local level.
(f)Engagement of parents in their childrens education and understanding of English learner status and the reclassification process.
(g)Achievement of biliteracy, including receiving the State Seal of Biliteracy.
(h)Reclassification of English learners with disabilities.
(i)The number of long-term English learners and the percentage of long-term English learners who have disabilities.
(j)The monitoring practices of school districts, county offices of education, and charter schools.
(k)The quality of English language development instruction for English learners.
SEC. 13.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 14.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.
SEC. 15.Section 13 of this act shall become operative on January 1, 2027.
SEC. 16.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that English language reclassification criteria are applied consistently to all currently enrolled English learner pupils, it is necessary that this bill go into immediate effect.
(a)The Legislature finds and declares all of the following:
(1)Californias vision for English learner success, as articulated in the California English Learner (EL) Roadmap Policy, adopted by the State Board of Education in 2017, is that English learners attain high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages. The EL Roadmap Policy also states that California schools should value and seek to build upon the cultural and linguistic assets pupils bring to their education. Californias system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.
(2)The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.
(3)The Legislature also recognizes that reclassification policies must be carefully designed to avoid reclassifying pupils too early, which can leave pupils with insufficient English proficiency to succeed academically, and reclassifying pupils too late, which can restrict pupils opportunity to learn and segregate them from their peers.
(4)Californias reclassification system was established nearly 50 years ago by agothrough amendments to the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code) and has not materially changed since then.
(5)Federal law requires states to establish and implement standardized, statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status. Since the passage of this law, the number of states with one criterion for reclassification has doubled, and as of 2023, 44 states use only a pupils English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.
(6)Many of Californias systems, including its accountability, support, and finance systems, are built on the assumption that the state has a consistent definition of English learner around the state.
(7)However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.
(8)According to research by the Learning Policy Institute, roughly one-half of all English learners who are not reclassified by the end of elementary school scored proficient on the states assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.
(9)Research also indicates that there are significant gaps in reclassification rates by home language. This holds true even for pupils scoring at the same proficiency level on the assessment of English language proficiency.
(10)On average, it takes 226 days for a pupil who scores proficient in English to be reclassified, and many pupils score proficient for multiple years before they are reclassified.
(11)Factors unrelated to English proficiency, such as attendance, behavior, discipline, and homework completion, are often incorporated into reclassification decisions. Grades, which often incorporate nonacademic measures and are inconsistent from teacher to teacher, are also frequently used.
(12)Many school districts use more measures, and a higher level of rigor on those measures, than is necessary. According to the Public Policy Institute of California, as of 2025, 52 percent of school districts use two assessments for the basic skills criterion and 30 percent of school districts use three.
(13)Local educational agencies also report that reclassification for English learners with an individualized education program whose disability affects their ability to show proficiency in English is highly challenging.
(14)California has invested in the development of alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that those pupils can demonstrate completion of the state graduation requirements through alternate means.
(15)While the current reclassification criteria require a consultation with parents about reclassification, parents report that communication about reclassification is ineffective, piecemeal, and disjointed, and deprives them of the opportunity to engage as partners with schools to support their childrens language development.
(16)Federal law requires that local educational agencies monitor reclassified English learners for four years after they are reclassified. Unlike some other states, California does not have a standardized system of monitoring for these pupils.
(b)It is the intent of the Legislature to reform the states reclassification system to make it standardized, efficient, transparent, consistent with current state English learner policies, and accessible to parents, and to emphasize that reclassification is a milestone on the path to biliteracy.
SEC. 2.Section 313 of the Education Code is amended to read:313.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 201314 school year, whichever occurs later.
(2)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4)Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)The reclassification procedures developed by the department shall use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following:(1)Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810.(2)Teacher evaluation, including, but not limited to, a review of the pupils curriculum mastery.(3)Parental opinion and consultation.(4)Comparison of the performance of the pupil 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.(f)For the 202627 school year, an English learner pupil shall be reclassified as English proficient when the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. The pupil shall be considered reclassified as English proficient as of the date that the pupil demonstrated proficiency through one of these assessments.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 3.Section 313 is added to the Education Code, to read:313.(a)The Legislature finds and declares that federal law requires states to establish and implement standardized statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status (20 U.S.C. Sec. 6821 et seq.). This section and Sections 313.3, 313.4, and 313.8 include the states standardized entry and exit procedures.
(b)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(c)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).
(d)(1)The assessment shall be conducted upon initial enrollment, and annually thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The determination of a pupils eligibility to take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations does not require may be made before a determination that the pupil is eligible to take the alternate performance assessment in English language arts or mathematics, as authorized by Section 60640.
(e)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).
(3)Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(f)The assessments conducted pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become operative on July 1, 2027.
SEC. 4.Section 313.3 of the Education Code is amended and renumbered to read:314.(a)On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupils English language proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.
(b)(1)The protocol shall be designed to be used by teachers to evaluate a pupils use of English while engaging in academic content learning, including interactive language use with peers.
(2)The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils performance along the continuum of progress toward proficiency in English.
(3)The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.
(4)The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators.
(5)The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(c)It is the intent of the Legislature that the protocol additionally be useful to all of the following:
(1)Teachers, as a formative assessment tool for purposes of supporting pupils progress toward proficiency in English during the school year.
(2)Teachers discussions with parents regarding pupils progress toward English language proficiency.
(3)Institutions of higher education in the preparation of new teachers.
(d)(1)In developing the protocol, the department shall consult, at minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils.
(2)In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.
(3)The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs.
(e)The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.
(f)The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use.
SEC. 5.Section 313.3 is added to the Education Code, to read:313.3.(a)When a pupil is initially determined to be an English learner pursuant to Section 313, the school district, county office of education, or charter school shall communicate to the pupils parent or guardian in a clear, concise, and comprehensible manner, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, all of the following information regarding the parent or guardians child:
(1)Their child has been classified as an English learner.
(2)Californias vision of success for English learners is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. Californias schools value the culture and language that their child brings to their education.
(3)They are encouraged to engage as a partner with the school in supporting their childs language development and may request meetings with their childs teachers to discuss their childs progress.
(4)Their child is entitled to special support in order to help them learn English and succeed in school.
(5)Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years.
(6)(A)Their childs reclassification as English proficient is an important accomplishment and may be seen as a step on the path to becoming literate in two languages, also known as biliteracy.
(B)If their child becomes biliterate, they may be eligible to earn the State Seal of Biliteracy, which is a special recognition in the form of a seal affixed to their high school diploma.
(b)The notice required pursuant to subdivision (a) may be provided at the same time as the notice required pursuant to Section 440, as applicable.
(c)This section shall become operative on July 1, 2027.
SEC. 6.Section 313.4 is added to the Education Code, immediately following Section 313.3, to read:313.4.(a)All English learner pupils, including those with or without disabilities, are eligible to reclassify from English learner to English proficient when they meet the requirements of this section or Section 313.5.
(b)(1)An English learner pupil shall be reclassified as English proficient when the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. The pupil shall be considered reclassified as English proficient as of the date that the pupil demonstrated proficiency through one of these assessments.
(2)(A)As pupil scores specified in paragraph (1) become available, the department shall record the pupils who meet the requirements of paragraph (1) as reclassified in the appropriate data system.
(B)After a pupil has been recorded as reclassified in the appropriate data system pursuant to subparagraph (A), a local educational agency shall do both of the following, as applicable:
(i)Ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil. This includes, but is not limited to, making any necessary course placement adjustments for pupils in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status.
(ii)Communicate to the pupils parent or guardian, and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupils potential opportunity to earn the State Seal of Biliteracy.
(C)After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.
(3)Local educational agencies are encouraged to recognize a pupil and the pupils family for the pupils accomplishment of achieving proficiency in English and encourage the pupil to pursue a course of study leading to biliteracy and a State Seal of Biliteracy, if offered by the local educational agency.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
(d)This section shall become operative on July 1, 2027.
SEC. 7.Section 313.5 of the Education Code is repealed.SEC. 8.Section 313.5 is added to the Education Code, to read:313.5.(a)(1)The Legislature finds and declares that California has established alternative alternate coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
(2)It is the intent of the Legislature to enable the pupils described in paragraph (1) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(b)(1)Commencing July 1, 2028, if an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency pursuant to subdivision (b) of Section 313.4 if all of the following are true for the pupil:
(A)Received English language development instruction that would reasonably be expected to result in English proficiency. proficiency but has not achieved the proficiency level required for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(B)Does not take the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations.(C)(B)Used all designated supports and accommodations and any domain exemptions in accordance with the pupils individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(D)Failed to achieve the score required by the state board for purposes of reclassification.(C)For pupils who do not take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations, scored an overall performance level that is one level below the level established by the state board for purposes of reclassification on the most recent administration of the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(2)(A)(i)If a pupil meets the criteria pursuant to paragraph (1) and the local educational agency determines through using rubrics developed pursuant to Section 313.8 that the pupil has demonstrated, through new or existing pupil work aligned to the alternate coursework and performance tasks developed pursuant to Section 313.8, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department. Documentation of a determination made pursuant to this clause shall be recorded in the pupils individualized education program.
(ii)The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.
(B)A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving a report, the department shall record any pupils in the appropriate data systems as reclassified.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 9.Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:313.6.(a)The Legislature finds and declares that Section 6841(a)(5) of Title 20 of the United States Code and Section 11304 of Title 5 of the California Code of Regulations require local educational agencies to monitor and report on the progress of pupils who have been reclassified from English learner to English proficient, including the number and percentage of those pupils who are meeting challenging state academic standards for each of the four years after those pupils are no longer receiving services in the aggregate and disaggregated by, at a minimum, pupils with disabilities.
(b)(1)Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupils progress to ensure all of the following:
(A)English proficiency is not a barrier to the pupils academic success, which indicates the pupil has not been prematurely reclassified as English proficient.
(B)Any academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.
(C)The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
(2)The requirements of this subdivision are declarative of existing federal law.
(c)On or before January 1, 2028, the state board shall identify both of the following:
(1)Means of monitoring reclassified pupils for four years after reclassification for purposes of identifying pupils who are not meeting challenging state academic standards after reclassification.
(1)(2)An appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners pursuant to Section 6841(a)(5) of Title 20 of the United States Code, Code who are not meeting challenging academic standards, which is aligned to the English language development standards and performance levels of the assessment of English language development, is appropriate for use by content area teachers at all grade levels, and is designed for use with all pupils, including those with individualized education programs. In identifying an appropriate instrument, the state board shall consider the use of the standardized English language observation protocol established pursuant to Section 314.
(2)Appropriate interventions(d)On or before January 1, 2028, the department shall identify appropriate interventions for pupils who are determined, pursuant to paragraph (1), as needing additional support for their English language in order to progress academically.
(d)(e)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 10.Section 313.7 is added to the Education Code, immediately following Section 313.6, to read:313.7.Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the department shall annually post on its internet website all of the following:
(a)The reclassification rates of each local educational agency and charter school.
(b)Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.
(c)In addition to the data required to be reported pursuant to paragraph (1) of subdivision (b) of Section 60900.1, outcomes rates of chronic absenteeism, suspension and expulsion, and school stability of reclassified pupils, both statewide and for each local educational agency and charter school, including all of the following: school.
(1)Four-year and five-year cohort graduation rates.(2)The completion of courses required to meet the admissions requirements of the California State University and the University of California.(3)Rates of chronic absenteeism, suspension and expulsion, and school stability.SEC. 11.Section 313.8 is added to the Education Code, immediately following Section 313.7, to read:313.8.(a)Subject to an appropriation for this purpose in the Budget Act or another statute, the department or a county office of education shall contract for the development of rubrics and sample alternative coursework alternate pupil work and performance tasks that are aligned to the content and performance levels of the domains of the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 for each of the grades or grade spans assessed using that assessment to enable pupils who are English learners, and have individualized education programs, and do not qualify to take the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations programs to demonstrate proficiency for purposes of reclassification pursuant to Section 314.
(b)The rubrics and sample alternative coursework alternate pupil work and performance tasks developed pursuant to subdivision (a) shall be completed and posted on the departments internet website on or before June 30, January 1, 2028.
SEC. 12.Section 313.9 is added to the Education Code, immediately following Section 313.8, to read:313.9.Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall contract for an evaluation of the effects of the changes to the reclassification criteria and process required by Assembly Bill 2555 of the 202526 Regular Session to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032. The evaluation shall include, but not be limited to, the effects on all of the following for pupils who have ever been classified as English learners:
(a)The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.
(b)The longitudinal achievement of English learner pupils in English language arts and mathematics, including pre- and post-reclassification.
(c)Core curriculum access, including course placement of reclassified middle school and high school pupils and including, at minimum, a comparison with pupils never classified as English learners with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.
(d)For pupils who are reclassified in any grade, four-year and five-year cohort graduation rates and rates of completion of courses required to meet the admissions requirements of the California State University and the University of California.
(d)(e)The administration of reclassification procedures at the local level.
(e)(f)Engagement of parents in their childrens education and understanding of English learner status and the reclassification process.
(f)(g)Achievement of biliteracy, including receiving the State Seal of Biliteracy.
(g)(h)Reclassification of English learners with disabilities.
(i)The number of long-term English learners and the percentage of long-term English learners who have disabilities.
(h)(j)The monitoring practices of school districts, county offices of education, and charter schools.
(i)(k)The quality of English language development instruction for English learners.
SEC. 13.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 14.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.
(a)The Legislature finds and declares all of the following:
(1)Californias vision for English learner success, as articulated in the California English Learner (EL) Roadmap Policy, adopted by the State Board of Education in 2017, is that English learners attain high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages. The EL Roadmap Policy also states that California schools should value and seek to build upon the cultural and linguistic assets pupils bring to their education. Californias system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.
(2)The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.
(3)The Legislature also recognizes that reclassification policies must be carefully designed to avoid reclassifying pupils too early, which can leave pupils with insufficient English proficiency to succeed academically, and reclassifying pupils too late, which can restrict pupils opportunity to learn and segregate them from their peers.
(4)Californias reclassification system was established 50 years ago by the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code) and has not materially changed since then.
(5)Federal law requires states to establish and implement standardized, statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status. Since the passage of this law, the number of states with one criterion for reclassification has doubled, and as of 2023, 44 states use only a pupils English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.
(6)Many of Californias systems, including its accountability, support, and finance systems, are built on the assumption that the state has a consistent definition of English learner around the state.
(7)However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.
(8)According to research by the Learning Policy Institute, roughly one-half of all English learners who are not reclassified by the end of elementary school scored proficient on the states assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.
(9)Research also indicates that there are significant gaps in reclassification rates by home language. This holds true even for pupils scoring at the same proficiency level on the assessment of English language proficiency.
(10)On average, it takes 226 days for a pupil who scores proficient in English to be reclassified, and many pupils score proficient for multiple years before they are reclassified.
(10)(11)Factors unrelated to English proficiency, such as attendance, behavior, discipline, and homework completion, are often incorporated into reclassification decisions. Grades, which often incorporate nonacademic measures and are inconsistent from teacher to teacher, are also frequently used.
(11)(12)Many school districts use more measures, and a higher level of rigor on those measures, than is necessary. According to the Public Policy Institute of California, as of 2025, 52 percent of school districts use two assessments for the basic skills criterion and 30 percent of school districts use three.
(12)(13)Local educational agencies also report that reclassification for English learners with an individualized education program whose disability affects their ability to show proficiency in English is highly challenging.
(13)(14)California has invested in the development of alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that those pupils can demonstrate completion of the state graduation requirements through alternate means.
(14)(15)While the current reclassification criteria require a consultation with parents about reclassification, parents report that communication about reclassification is ineffective, piecemeal, and disjointed, and deprives them of the opportunity to engage as partners with schools to support their childrens language development.
(15)(16)Federal law requires that local educational agencies monitor reclassified English learners for four years after they are reclassified. Unlike some other states, California does not have a standardized system of monitoring for these pupils.
(b)It is the intent of the Legislature to reform the states reclassification system to make it standardized, efficient, transparent, consistent with current state English learner policies, and accessible to parents, and to emphasize that reclassification is a milestone on the journey path to biliteracy.
SEC. 2.Section 313 of the Education Code is amended to read:313.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 201314 school year, whichever occurs later.
(2)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4)Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)The reclassification procedures developed by the department shall use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following:
(1)Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810.
(2)Teacher evaluation, including, but not limited to, a review of the pupils curriculum mastery.
(3)Parental opinion and consultation.
(4)Comparison of the performance of the pupil 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.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 3.Section 313 is added to the Education Code, to read:313.(a)The Legislature finds and declares that federal law requires states to establish and implement standardized statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status (20 U.S.C. Sec. 6821 et seq.). This section and Sections 313.3, 313.4, and 313.8 include the states standardized entry and exit procedures.
(b)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(c)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).
(d)(1)The assessment shall be conducted upon initial enrollment, and annually thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The determination of a pupils eligibility to take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations does not require a determination that the pupil is eligible to take the alternate performance assessment in English language arts or mathematics, as authorized by Section 60640.
(e)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).
(3)Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(f)The assessments conducted pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become operative on July 1, 2027.
SEC. 4.Section 313.3 of the Education Code is amended and renumbered to read:314.(a)On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupils English language proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.
(b)(1)The protocol shall be designed to be used by teachers to evaluate a pupils use of English while engaging in academic content learning, including interactive language use with peers.
(2)The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils performance along the continuum of progress toward proficiency in English.
(3)The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.
(4)The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators.
(5)The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(c)It is the intent of the Legislature that the protocol additionally be useful to all of the following:
(1)Teachers, as a formative assessment tool for purposes of supporting pupils progress toward proficiency in English during the school year.
(2)Teachers discussions with parents regarding pupils progress toward English language proficiency.
(3)Institutions of higher education in the preparation of new teachers.
(d)(1)In developing the protocol, the department shall consult, at minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils.
(2)In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.
(3)The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs.
(e)The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.
(f)The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use.
SEC. 5.Section 313.3 is added to the Education Code, to read:313.3.(a)If When a pupil is initially determined to be an English learner pursuant to Section 313, the school district, county office of education, or charter school shall communicate to the pupils parent or guardian in a clear, concise, and comprehensible manner, and and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, all of the following information regarding the parent or guardians child:
(1)Their child has been classified as an English learner.
(2)Californias vision of success for English learners is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. Californias schools value the culture and language that their child brings to their education.
(3)They are encouraged to engage as a partner with the school in supporting their childs language development and may request meetings with their childs teachers to discuss their childs progress.
(4)Their child is entitled to special support in order to help them learn English and succeed in school.
(5)Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years.
(6)(A)Their childs reclassification as English proficient is an important accomplishment and may be seen as a step on the journey path to becoming literate in two languages, also known as biliteracy.
(B)If their child becomes biliterate, they may be eligible to earn the State Seal of Biliteracy, which is a special recognition in the form of a seal affixed to their high school diploma.
(b)The notice required pursuant to subdivision (a) may be provided at the same time as the notice required pursuant to Section 440, as applicable.
(b)(c)This section shall become operative on July 1, 2027.
SEC. 6.Section 313.4 is added to the Education Code, immediately following Section 313.3, to read:313.4.(a)All English learner pupils, including those with or without disabilities, are eligible to reclassify from English learner to English proficient if when they meet the requirements of this section. section or Section 313.5.
(b)(1)An English learner pupil shall be reclassified as English proficient if when the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. The pupil shall be considered reclassified as English proficient as of the date that the pupil demonstrated proficiency through one of these assessments.
(2)(A)As pupil scores specified in paragraph (1) become available, and on or before May 30 of each year, the department shall record the pupils who meet the requirements of paragraph (1) as reclassified in the appropriate data system.
(B)After a pupil has been recorded as reclassified in the appropriate data system pursuant to subparagraph (A), a local educational agency shall do both of the following, as applicable:
(i)Ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil. This includes, but is not limited to, making any necessary course placement adjustments for pupils in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status.
(ii)Communicate to the pupils parent or guardian, and and, if applicable, translated into the parent or guardians primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupils potential opportunity to earn the State Seal of Biliteracy.
(C)After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.
(3)Local educational agencies are encouraged to recognize a pupil and the pupils family for the pupils accomplishment of achieving proficiency in English and encourage the pupil to pursue a course of study leading to biliteracy and a State Seal of Bilteracy, Biliteracy, if offered by the local educational agency.
(c)(1)(A)The Legislature finds and declares that California has established alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.(B)It is the intent of the Legislature to enable the pupils described in subparagraph (A) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.(2)If an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency pursuant to paragraph (2) of subdivision (b) if the pupil meets all of the following criteria:(A)Does not take the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations.(B)Has used all test accommodations and any domain exemptions required by the pupils individualized education program.(C)Has failed to achieve the score required by the state board for purposes of reclassification.(3)(A)(i)If a pupil meets the criteria pursuant to paragraph (2) and the local educational agency determines that the pupil has demonstrated, through the use of the alternate coursework and performance tasks developed pursuant to Section 313.8, once available, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department.(ii)The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with those proficient scores in other domains for purposes of meeting the overall threshold for reclassification.(B)A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving this report, the department shall record any pupils in the appropriate data systems as reclassified.(d)(c)For purposes of this section, local educational agency means a school district, county office of education, or charter school. school, or state special school for the blind or the deaf.
(e)(d)This section shall become operative on July 1, 2027.
SEC. 7.Section 313.5 of the Education Code is repealed.313.5.(a)By January 1, 2014, the department shall 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 state board 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.(b)For purposes of completing the review and analysis required pursuant to subdivision (a), the department shall consult with parents of English learners, experts with demonstrated experience in developing and administering assessments for English learners, classroom or resource teachers, or both, school district administrators with expertise in curriculum, instruction, assessment, and accountability, and researchers possessing expertise in the education of English learners.(c)The group of experts described in subdivision (b) shall develop a study design that may include a sampling methodology for purposes of selecting the school districts that will be part of the review and analysis to identify best practices pursuant to subdivision (a).(d)For purposes of completing the review and analysis required pursuant to subdivision (a), the department shall examine and report on the following:(1)The practices and standards used by a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state to meet the four reclassification criteria specified in subdivision (f) of Section 313.(2)The extent to which school districts are following the guidelines established by the state board.(3)The range of reclassification criteria developed by school districts.(e)As part of the examination required pursuant to subdivision (d), the department shall analyze the following:(1)English language proficiency and academic performance data.(2)The relationship of the reclassification criteria to reclassification rates.(3)The academic performance of pupils after reclassification as English proficient.(4)The relationship of the reclassification criteria to the academic performance of pupils after reclassification.(f)In its report, the department also shall identify any other pupil outcome measures that indicate an English learner is prepared to successfully transition to a classroom and curricula that require English proficiency.(g)By January 1, 2014, the department shall issue a report that includes the departments findings, research, analysis, recommendations, and best practices pursuant to subdivisions (a), (d), (e,) and (f).(h)By January 1, 2017, the department shall 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 pursuant to Section 60605.8 and the English language development standards adopted pursuant to Section 60811.3.(i)This section shall be implemented only if state or federal funds are appropriated as necessary to fully fund this purpose or if private funds are made available as necessary to fully fund this purpose.SEC. 8.Section 313.5 is added to the Education Code, to read:313.5.(a)(1)The Legislature finds and declares that California has established alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
(2)It is the intent of the Legislature to enable the pupils described in paragraph (1) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(b)(1)Commencing July 1, 2028, if an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency pursuant to subdivision (b) of Section 313.4 if all of the following are true for the pupil:
(A)Received English language development instruction that would reasonably be expected to result in English proficiency.
(B)Does not take the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations.
(C)Used all designated supports and accommodations and any domain exemptions in accordance with the pupils individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(D)Failed to achieve the score required by the state board for purposes of reclassification.
(2)(A)(i)If a pupil meets the criteria pursuant to paragraph (1) and the local educational agency determines through using rubrics developed pursuant to Section 313.8 that the pupil has demonstrated, through new or existing pupil work aligned to the alternate coursework and performance tasks developed pursuant to Section 313.8, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department. Documentation of a determination made pursuant to this clause shall be recorded in the pupils individualized education program.
(ii)The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.
(B)A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving a report, the department shall record any pupils in the appropriate data systems as reclassified.
(c)For purposes of this section, local educational agency means a school district, county office of education, charter school, or state special school for the blind or the deaf.
SEC. 7.SEC. 9.Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:313.6.(a)The Legislature finds and declares that Section 6841(a)(5) of Title 20 of the United States Code and Section 11304 of Title 5 of the California Code of Regulations require local educational agencies to monitor and report on the progress of pupils who have been reclassified from English learner to English proficient for four years. proficient, including the number and percentage of those pupils who are meeting challenging state academic standards for each of the four years after those pupils are no longer receiving services in the aggregate and disaggregated by, at a minimum, pupils with disabilities.
(b)(1)Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupils progress to ensure all of the following:
(1)The pupil does not fail to progress academically because of insufficient proficiency in English.(A)English proficiency is not a barrier to the pupils academic success, which indicates the pupil has not been prematurely reclassified as English proficient.
(2)(B)Any academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.
(3)(C)The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
(2)The requirements of this subdivision are declarative of existing federal law.
(c)On or before January 1, 2028, the state board shall identify both of the following:
(1)One or more An appropriate instruments, including, but not limited to, instrument to be used for purposes of monitoring the progress of reclassified English learners pursuant to Section 6841(a)(5) of Title 20 of the United States Code, which is aligned to the English language development standards and performance levels of the assessment of English language development, is appropriate for use by content area teachers at all grade levels, and is designed for use with all pupils, including those with individualized education programs. In identifying an appropriate instrument, the state board shall consider the use of the standardized English language observation protocol established pursuant to Section 314, to be used for purposes of determining whether the English proficiency of a reclassified pupil is posing a barrier to the pupils academic success. 314.
(2)Appropriate interventions for pupils who are determined, pursuant to paragraph (1), as needing additional support for their English language in order to progress academically.
(d)For purposes of this section, local educational agency means a school district, county office of education, or charter school. school, or state special school for the blind or the deaf.
(e)This section shall become operative on July 1, 2027.SEC. 8.SEC. 10.Section 313.7 is added to the Education Code, immediately following Section 313.6, to read:313.7.Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the department shall annually post on its internet website both all of the following:
(a)The reclassification rates of each school district, county office of education, local educational agency and charter school.
(b)Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.
(c)In addition to the data required to be reported pursuant to paragraph (1) of subdivision (b) of Section 60900.1, outcomes of reclassified pupils, both statewide and for each local educational agency and charter school, including all of the following:
(1)Four-year and five-year cohort graduation rates.
(2)The completion of courses required to meet the admissions requirements of the California State University and the University of California.
(3)Rates of chronic absenteeism, suspension and expulsion, and school stability.
SEC. 9.SEC. 11.Section 313.8 is added to the Education Code, immediately following Section 313.7, to read:313.8.(a)Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall, on or before June 30, 2028, develop and post on its internet website shall contract for the development of rubrics and sample alternative coursework and performance tasks that are aligned to the content and performance levels of the domains of the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 for each of the grades or grade spans assessed using that assessment to enable pupils who are English learners, have individualized education programs, and do not qualify to take the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations to demonstrate proficiency in each of the domains of the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 for each of the grades or grade spans assessed using that assessment through alternate means. for purposes of reclassification pursuant to Section 314.
(b)The rubrics and sample alternative coursework and performance tasks developed pursuant to subdivision (a) may be used for purposes of reclassification pursuant to subdivision (c) of Section 313.4. shall be completed and posted on the departments internet website on or before June 30, 2028.
SEC. 10.SEC. 12.Section 313.9 is added to the Education Code, immediately following Section 313.8, to read:313.9.Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall contract for an evaluation of the effects of the changes to the reclassification criteria and process required by Assembly Bill 2555 of the 202526 Regular Session to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032. The evaluation shall include, but not be limited to, the effects on all of the following for pupils who have ever been classified as English learners:
(a)The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.
(b)The longitudinal achievement of English learner pupils in English language arts and mathematics, including pre- and post-reclassification.
(c)Core curriculum access, including course placement of reclassified middle school and high school pupils and including, at minimum, a comparison with pupils never classified as English learners with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.
(d)The administration of reclassification procedures at the local level.
(e)Engagement of parents in their childrens education and understanding of English learner status and the reclassification process.
(f)Achievement of biliteracy, including receiving the State Seal of Biliteracy.
(g)Reclassification of English learners with disabilities.
(h)The monitoring practices of school districts, county offices of education, and charter schools.
(i)The quality of English language development instruction for English learners.
SEC. 13.Section 51101 of the Education Code is amended to read:51101.(a)Except as provided in subdivision (d), (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(1)Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.
(2)(A)Within a reasonable time of their request, to meet with their childs teacher or teachers and the principal of the school in which their child is enrolled.
(B)Within a reasonable time of their request, for parents of English learners, to meet with their childs teacher or teachers to discuss their childs progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.
(3)To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.
(4)To be notified on a timely basis if their child is absent from school without permission.
(5)To receive the results of their childs performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests. tests, including the results of state assessments of English language proficiency.
(6)To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parents request.
(7)To have a school environment for their child that is safe and supportive of learning.
(8)To examine the curriculum materials of the class or classes in which their child is enrolled.
(9)To be informed informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their childs progress in school and of the appropriate school personnel whom they should contact if problems arise with their child. child, including, for the parent of a child who is an English learner, their childs progress in developing English proficiency and being reclassified as fully English proficient.
(10)To have access to the school records of their child.
(11)To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish. accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.
(12)To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
(13)To receive information about any psychological testing the school does involving their child and to deny permission to give the test.
(14)To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.
(15)To question anything in their childs record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.
(16)To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.
(b)In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:
(1)The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.
(2)A description of the schools responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.
(3)The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:
(A)Monitoring attendance of their children.
(B)Ensuring that homework is completed and turned in on a timely basis.
(C)Participation of the children in extracurricular activities.
(D)Monitoring and regulating the television viewed by their children.
(E)Working with their children at home in learning activities that extend learning in the classroom.
(F)Volunteering in their childrens classrooms, or for other activities at the school.
(G)Participating, as appropriate, in decisions relating to the education of their own child or the total school program.
(c)All schools that participate in the High Priority Schools Grant Program established pursuant to Article 3.5 (commencing with Section 52055.600) of Chapter 6.1 of Part 28 and that maintain kindergarten or any of grades 1 to 5, inclusive, shall jointly develop with parents or guardians for all children enrolled at that schoolsite, a school-parent compact pursuant to Section 6319 of Title 20 of the United States Code.(d)(c)This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.
SEC. 11.SEC. 14.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.
REVISIONS: HeadingLine 2.(a)The Legislature finds and declares all of the following:
(1)Californias vision for English learner success, as articulated in the California English Learner (EL) Roadmap Policy, adopted by the State Board of Education in 2017, is that English learners attain high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages. The EL Roadmap Policy also states that California schools should value and seek to build upon the cultural and linguistic assets pupils bring to their education. Californias system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.
(2)The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.
(3)The Legislature also recognizes that reclassification policies must be carefully designed to avoid reclassifying pupils too early, which can leave pupils with insufficient English proficiency to succeed academically, and reclassifying pupils too late, which can restrict pupils opportunity to learn and segregate them from their peers.
(4)Californias reclassification system was established 50 years ago by the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code) and has not materially changed since then.
(5)Federal law requires states to establish and implement standardized, statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status. Since the passage of this law, the number of states with one criterion for reclassification has doubled, and as of 2023, 44 states use only a pupils English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.
(6)Many of Californias systems, including its accountability, support, and finance systems, are built on the assumption that the state has a consistent definition of English learner around the state.
(7)However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.
(8)According to research by the Learning Policy Institute, roughly one-half of all English learners who are not reclassified by the end of elementary school scored proficient on the states assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.
(9)Research also indicates that there are significant gaps in reclassification rates by home language. This holds true even for pupils scoring at the same proficiency level on the assessment of English language proficiency.
(10)Factors unrelated to English proficiency, such as attendance, behavior, discipline, and homework completion, are often incorporated into reclassification decisions. Grades, which often incorporate nonacademic measures and are inconsistent from teacher to teacher, are also frequently used.
(11)Many school districts use more measures, and a higher level of rigor on those measures, than is necessary. According to the Public Policy Institute of California, as of 2025, 52 percent of school districts use two assessments for the basic skills criterion and 30 percent of school districts use three.
(12)Local educational agencies also report that reclassification for English learners with an individualized education program whose disability affects their ability to show proficiency in English is highly challenging.
(13)California has invested in the development of alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that those pupils can demonstrate completion of the state graduation requirements through alternate means.
(14)While the current reclassification criteria require a consultation with parents about reclassification, parents report that communication about reclassification is ineffective, piecemeal, and disjointed, and deprives them of the opportunity to engage as partners with schools to support their childrens language development.
(15)Federal law requires that local educational agencies monitor reclassified English learners for four years after they are reclassified. Unlike some other states, California does not have a standardized system of monitoring for these pupils.
(b)It is the intent of the Legislature to reform the states reclassification system to make it standardized, efficient, transparent, consistent with current state English learner policies, and accessible to parents, and to emphasize that reclassification is a milestone on the journey to biliteracy.
SEC. 2.Section 313 of the Education Code is amended to read:313.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily utilize use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 201314 school year, whichever occurs later.
(2)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily utilize use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).
(4)Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)The reclassification procedures developed by the department shall utilize use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following:
(1)Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810.
(2)Teacher evaluation, including, but not limited to, a review of the pupils curriculum mastery.
(3)Parental opinion and consultation.
(4)Comparison of the performance of the pupil 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.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 3.Section 313 is added to the Education Code, to read:313.(a)The Legislature finds and declares that federal law requires states to establish and implement standardized statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status (20 U.S.C. Sec. 6821 et seq.). This section and Sections 313.3, 313.4, and 313.8 include the states standardized entry and exit procedures.
(b)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(c)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).
(d)The assessment shall be conducted upon initial enrollment, and annually thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(e)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).
(3)Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.
(f)The assessments conducted pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
(i)This section shall become operative on July 1, 2027.
SEC. 4.Section 313.3 of the Education Code is amended and renumbered to read:313.3.314.(a)On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupils English language proficiency, as required by paragraph (2) of subdivision (f) of Section 313. proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.
(b)(1)The protocol shall be designed to be used by teachers to evaluate a pupils use of English while engaging in academic content learning, including interactive language use with peers.
(2)The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils performance along the continuum of progress toward proficiency in English.
(3)The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.
(4)The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators.
(5)The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(c)It is the intent of the Legislature that the protocol additionally be useful to all of the following:
(1)Teachers, as a formative assessment tool for purposes of supporting pupils progress toward proficiency in English during the school year.
(2)Teachers discussions with parents regarding pupils progress toward English language proficiency.
(3)Institutions of higher education in the preparation of new teachers.
(d)(1)In developing the protocol, the department shall consult, at a minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils.
(2)In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.
(3)The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs.
(e)The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.
(f)The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use.
SEC. 5.Section 313.3 is added to the Education Code, to read:313.3.(a)If a pupil is determined to be an English learner pursuant to Section 313, the school district, county office of education, or charter school shall communicate to the pupils parent or guardian in a clear, concise, and comprehensible manner, and if applicable, translated into the parent or guardians primary language pursuant to Section 48985, all of the following information regarding the parent or guardians child:
(1)Their child has been classified as an English learner.
(2)Californias vision of success for English learners is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. Californias schools value the culture and language that their child brings to their education.
(3)They are encouraged to engage as a partner with the school in supporting their childs language development and may request meetings with their childs teachers to discuss their childs progress.
(4)Their child is entitled to special support in order to help them learn English and succeed in school.
(5)Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years.
(6)(A)Their childs reclassification as English proficient is an important accomplishment and may be seen as a step on the journey to becoming literate in two languages, also known as biliteracy.
(B)If their child becomes biliterate, they may be eligible to earn the State Seal of Biliteracy, which is a special recognition in the form of a seal affixed to their high school diploma.
(b)This section shall become operative on July 1, 2027.
SEC. 6.Section 313.4 is added to the Education Code, immediately following Section 313.3, to read:313.4.(a)All English learner pupils, including those with or without disabilities, are eligible to reclassify from English learner to English proficient if they meet the requirements of this section.
(b)(1)An English learner pupil shall be reclassified as English proficient if the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations.
(2)(A)As pupil scores specified in paragraph (1) become available, and on or before May 30 of each year, the department shall record the pupils who meet the requirements of paragraph (1) as reclassified in the appropriate data system.
(B)After a pupil has been recorded as reclassified in the appropriate data system pursuant to subparagraph (A), a local educational agency shall do both of the following, as applicable:
(i)Ensure that the pupils instructional program and placement reflects that the pupil is a reclassified pupil. This includes, but is not limited to, making any necessary course placement adjustments for pupils in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status.
(ii)Communicate to the pupils parent or guardian, and if applicable, translated into the parent or guardians primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupils potential opportunity to earn the State Seal of Biliteracy.
(C)After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.
(3)Local educational agencies are encouraged to recognize a pupil and the pupils family for the pupils accomplishment of achieving proficiency in English and encourage the pupil to pursue a course of study leading to biliteracy and a State Seal of Bilteracy, if offered by the local educational agency.
(c)(1)(A)The Legislature finds and declares that California has established alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
(B)It is the intent of the Legislature to enable the pupils described in subparagraph (A) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(2)If an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency pursuant to paragraph (2) of subdivision (b) if the pupil meets all of the following criteria:
(A)Does not take the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations.
(B)Has used all test accommodations and any domain exemptions required by the pupils individualized education program.
(C)Has failed to achieve the score required by the state board for purposes of reclassification.
(3)(A)(i)If a pupil meets the criteria pursuant to paragraph (2) and the local educational agency determines that the pupil has demonstrated, through the use of the alternate coursework and performance tasks developed pursuant to Section 313.8, once available, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department.
(ii)The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with those proficient scores in other domains for purposes of meeting the overall threshold for reclassification.
(B)A report by a local educational agency to the department pursuant to subparagraph (A) shall be made in a form and manner determined by the department. After receiving this report, the department shall record any pupils in the appropriate data systems as reclassified.
(d)For purposes of this section, local educational agency means a school district, county office of education, or charter school.
(e)This section shall become operative on July 1, 2027.
SEC. 7.Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:313.6.(a)The Legislature finds and declares that Section 6841(a)(5) of Title 20 of the United States Code and Section 11304 of Title 5 of the California Code of Regulations require local educational agencies to monitor the progress of pupils who have been reclassified from English learner to English proficient for four years.
(b)Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupils progress to ensure all of the following:
(1)The pupil does not fail to progress academically because of insufficient proficiency in English.
(2)Any academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.
(3)The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
(c)On or before January 1, 2028, the state board shall identify both of the following:
(1)One or more appropriate instruments, including, but not limited to, the standardized English language observation protocol established pursuant to Section 314, to be used for purposes of determining whether the English proficiency of a reclassified pupil is posing a barrier to the pupils academic success.
(2)Appropriate interventions for pupils who are determined, pursuant to paragraph (1), as needing additional support for their English language in order to progress academically.
(d)For purposes of this section, local educational agency means a school district, county office of education, or charter school.
(e)This section shall become operative on July 1, 2027.
SEC. 8.Section 313.7 is added to the Education Code, immediately following Section 313.6, to read:313.7.Commencing with the 202728 school year, and subject to state and federal law regarding the privacy of pupil information, the department shall annually post on its internet website both of the following:
(a)The reclassification rates of each school district, county office of education, and charter school.
(b)Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.
SEC. 9.Section 313.8 is added to the Education Code, immediately following Section 313.7, to read:313.8.(a)Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall, on or before June 30, 2028, develop and post on its internet website alternative coursework and performance tasks for pupils who are English learners, have individualized education programs, and do not qualify to take the statewide alternate assessment for English language proficiency pursuant to Section 11518.30 of Title 5 of the California Code of Regulations to demonstrate proficiency in each of the domains of the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 for each of the grades or grade spans assessed using that assessment through alternate means.
(b)The alternative coursework and performance tasks developed pursuant to subdivision (a) may be used for purposes of reclassification pursuant to subdivision (c) of Section 313.4.
SEC. 10.Section 313.9 is added to the Education Code, immediately following Section 313.8, to read:313.9.Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall contract for an evaluation of the effects of the changes to the reclassification criteria and process required by Assembly Bill 2555 of the 202526 Regular Session to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032. The evaluation shall include, but not be limited to, the effects on all of the following for pupils who have ever been classified as English learners:
(a)The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.
(b)The longitudinal achievement of English learner pupils in English language arts and mathematics, including pre- and post-reclassification.
(c)Core curriculum access, including course placement of reclassified middle school and high school pupils and including, at minimum, a comparison with pupils never classified as English learners with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.
(d)The administration of reclassification procedures at the local level.
(e)Engagement of parents in their childrens education and understanding of English learner status and the reclassification process.
(f)Achievement of biliteracy, including receiving the State Seal of Biliteracy.
(g)Reclassification of English learners with disabilities.
(h)The monitoring practices of school districts, county offices of education, and charter schools.
(i)The quality of English language development instruction for English learners.
SEC. 11.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.
SECTION 1.Section 313 of the Education Code is amended to read:313.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.(d)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).(3)Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.(f)The reclassification procedures developed by the department shall use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following:(1)Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810.(2)Teacher evaluation, including, but not limited to, a review of the pupils curriculum mastery.(3)Parental opinion and consultation.(4)Comparison of the performance of the pupil 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.(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.(a)Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.
(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.
(c)Commencing with the 200001 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily utilize use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(d)(1)This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 201314 school year, whichever occurs later.(2)(d)(1)The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily utilize use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(3)(2)The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.
(A)If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), (1), the prior years annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
(B)If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2). (1).
(4)(3)Notwithstanding paragraph (2), (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.
(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
(f)The reclassification procedures developed by the department shall utilize use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following:
(1)Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810.
(2)Teacher evaluation, including, but not limited to, a review of the pupils curriculum mastery.
(3)Parental opinion and consultation.
(4)Comparison of the performance of the pupil 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.
(g)This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.
(h)For purposes of this section, initial enrollment does not include enrollment in a transitional kindergarten program.
|
Date
|
Status
|
|---|---|
| Sep 27, 2026 | Chaptered by Secretary of State - Chapter 619, Statutes of 2026. |
| Sep 27, 2026 | Approved by the Governor. |
| Sep 4, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 27, 2026 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 27, 2026 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6758.). |
| Aug 27, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 26, 2026 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 24, 2026 | Read second time. Ordered to third reading. |
| Aug 20, 2026 | Read third time and amended. Ordered to second reading. |
| Aug 17, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | Read second time and amended. Ordered returned to second reading. |
| Aug 13, 2026 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 13). |
| Aug 3, 2026 | In committee: Referred to APPR. suspense file. |
| Jun 25, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 24). Re-referred to Com. on APPR. |
| Jun 10, 2026 | Referred to Com. on ED. |
| Jun 10, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 27, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 26, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| May 26, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5332.) |
| May 26, 2026 | Read third time. Passed. Ordered to the Senate. |
| May 18, 2026 | Read second time. Ordered to third reading. |
| May 14, 2026 | Joint Rule 62(a), file notice suspended. (Page 5030.) |
| May 14, 2026 | Joint Rule 62(a), file notice suspended. |
| May 14, 2026 | From committee: Do pass. (Ayes 15. Noes 0.) (May 14). |
| May 14, 2026 | Coauthors revised. |
| May 13, 2026 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 6, 2026 | In committee: Hearing postponed by committee. |
| Apr 16, 2026 | Re-referred to Com. on APPR. |
| Apr 15, 2026 | Read second time and amended. |
| Apr 14, 2026 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 8). |
| Mar 17, 2026 | Re-referred to Com. on ED. |
| Mar 16, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 9, 2026 | Referred to Com. on ED. |
| Feb 21, 2026 | From printer. May be heard in committee March 23. |
| Feb 20, 2026 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2026 | AB 2555 Patel Concurrence - Urgency Added | Assembly Floor |
Passed |
|
| Aug 26, 2026 | Assembly 3rd Reading AB2555 Patel et al. By Pérez Urgency Clause | Senate Floor |
Passed |
|
| Aug 13, 2026 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 3, 2026 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 24, 2026 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| May 26, 2026 | AB 2555 Patel Assembly Third Reading | Assembly Floor |
Passed |
|
| May 14, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2026 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Office Of Education | ** Support | |
| Association Of California School Administrators | ** Support | |
| Association of Mexican American Educators | ** Support | |
| Association of Two-way Dual Language Education | ** Support | |
| California Association For Bilingual Education | ** Support | |
| California Association Of Suburban School Districts | ** Support | |
| California Association of Suburban Schools | ** Support | |
| California Community Foundation | ** Support | |
| California County Superintendents | ** Support | |
| California Faculty Association | ** Support | |
| California Family Engagement Network | ** Support | |
| California Immigrant Policy Center | ** Support | |
| California Teachers Association | ** Support | |
| Californians Together | ** Support | |
| Center for Equity for English Learners, Loyola Marymount University | ** Support | |
| CFT – a Union of Educators & Classified Professionals, AFT, AFL-CIO | ** Support | |
| Charitable Ventures of Orange County | ** Support | |
| Children Now | ** Support | |
| Chinese for Affirmative Action | ** Support | |
| Community Asset Development Redefining Education | ** Support | |
| EdTrust-West | ** Support | |
| Edvance College | ** Support | |
| Edvoice | ** Support | |
| Fresno County Superintendent of Schools | ** Support | |
| Fresno Unified School District | ** Support | |
| Go Public Schools | ** Support | |
| Internationals Network | ** Support | |
| Kern County Superintendent of Schools Office | ** Support | |
| latinos in action | ** Support | |
| Los Angeles County Office Of Education | ** Support | |
| Los Angeles Unified School District | ** Support | |
| Loyola Marymount University - The Center for Equity for English Learners | ** Support | |
| Office of the Riverside County Superintendent of Schools | ** Support | |
| parent organization network | ** Support | |
| Parents for Public Schools of San Francisco | ** Support | |
| Partnership for Children & Youth | ** Support | |
| Public Advocates | ** Support | |
| San Diego County Office of Education | ** Support | |
| San Diego Unified School District | ** Support | |
| San Francisco Unified School District | ** Support | |
| Santa Clara County Office Of Education | ** Support | |
| SELPA Administrators of California | ** Support | |
| Sobrato Early Academic Language | ** Support | |
| Teach Plus - California | ** Support | |
| Unidosus | ** Support | |
| Unite-LA | ** Support | |
| Youth Leadership Institute | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2555
Author:(Patel)
As Amended Ver:August 20, 2026
2/3 vote. Urgency
SUMMARY
As an urgency measure, makes changes to the system of reclassifying English learners (ELs) as English proficient, including: limiting the reclassification criteria to the assessment of English language development (ELD), permitting some ELs with disabilities to be reclassified using alternate means, shifting from a manual to automatic reclassification process, strengthening parent engagement, requiring the State Board of Education (SBE) to identify an appropriate instrument for monitoring reclassified ELs, requiring the California Department of Education (CDE) to post statewide data on reclassification rates, reframing EL reclassification as a milestone on the path to biliteracy, and requiring an evaluation of these changes to EL reclassification.
Senate Amendments
- Require that students who meet the new reclassification criteria on the 2025-26 and 2026-27 administrations of the English language proficiency assessment be reclassified.
- Require that, for students with disabilities to use alternate means for purposes of reclassification, they score one level below the performance threshold required for reclassification on either of the assessments of English language proficiency.
- Require that the SBE identify means of monitoring reclassified students who are not meeting challenging academic standards after reclassifying.
- Remove the requirement that the CDE report certain outcomes of reclassified students and instead requires that this data be included in the evaluation required by the bill, and limit reporting on chronic absenteeism and other outcomes to state level data.
- Authorize the development of the alternate means for reclassification using funding appropriated in the 2026-27 budget, by the Sacramento County Office of Education.
- Add chaptering out amendments with SB 1412.
- Add an urgency clause.
- Make other technical and conforming changes.
COMMENTS
Major provisions of this bill. This bill makes numerous changes to the system for reclassifying ELs, including:
- Reclassification criteria: Repeals existing reclassification criteria and makes the English Language Proficiency Assessments for California (ELPAC) the sole criterion for reclassification;
- Automatic reclassification: Replaces the local, manual process of reclassifying students with an automatic process in which the CDE records students as reclassified once they have achieved the ELPAC score required for reclassification;
- Reclassification of ELs with Individualized Education Programs (IEPs): Permits ELs with disabilities who 1) have used all accommodations and any domain exemptions required by their IEP, and 2) fail to achieve the score on the ELPAC necessary for reclassification, to reclassify by showing proficiency in one or more of the domains of the ELPAC through alternate pupil work and performance tasks (known as alternate means). Authorizes funding appropriated in the 2026-27 budget to be used for this purpose.
- Parent engagement: Requires local educational agencies (LEAs) to notify parents, when a student is initially classified as an EL, of their child's entitlement to support to learn English, the reclassification process, and the requirement that LEAs monitor reclassified students, emphasizes that reclassification can be seen as a milestone on the path to biliteracy and the State Seal of Biliteracy, and establishes parent rights to be informed of their children's progress in developing English proficiency;
- Monitoring of reclassified students: Affirms current requirements that LEAs monitor ELs for four years after reclassification to determine if their English proficiency remains a barrier to academic progress. Requires the SBE to identify an instrument, including the Observation Protocol for Teachers of English Learners (OPTEL), to designate as the means by which reclassified students who are not succeeding are monitored. Also requires the CDE to identify appropriate interventions for reclassified students when needed;
- Reclassification data: Requires the CDE to annually post on its website reclassification rates by each LEA and charter school, and statewide results disaggregated by grade, language, and disability; and
- Evaluation: Requires, subject to an appropriation, the CDE to contract for an evaluation of the effects of this measure, as specified.
Why is English learner reclassification important? For over fifty years, schools have been required to meet the needs of students learning English. In 1974 the U.S. Supreme Court found, in Lau v. Nichols, that the lack of supplemental language instruction in public schools for ELs violated the Civil Rights Act of 1964, and required that districts provide appropriate relief. A few years later, the Chacon-Moscone Bilingual Bicultural Act of 1976 established the statutory framework to implement this decision. It included requirements for the identification, instruction, and reclassification of ELs.
Decades later, classification as an EL remains critical for students learning English, because it entitles them to specialized instruction which both helps them acquire English language skills and supports them as they learn academic content. Instruction in ELD, through designated and integrated ELD delivered by qualified instructors, as well as annual progress monitoring through the state's assessment of English language proficiency, are foundational elements of an appropriate and equitable education for these students.
Being reclassified appropriately is also critical, as it both marks the achievement of English proficiency and signifies that students are ready to engage with academic content without specialized support. Without the need for ELD instruction, students, particularly those in the secondary grades, no longer need to take special courses that might constrain their educational opportunities. They are often also better integrated into the academic and social life of the school. Reclassification is another critical part of an equitable education.
Beyond the effects on individual students, EL reclassification is also important for state policy purposes. The group of students classified as ELs is used in California's equity-based school finance system, the Local Control Funding Formula (LCFF), in the state's accountability system, including the California School Dashboard, the state's Statewide System of Support (SOS), the state's assessment systems, and for federal reporting purposes.
The ELs classification, both for individual students and for the public school system as a whole, is foundational. The Assembly may wish to consider that without appropriate and consistent reclassification procedures, a state has a different definition of EL in every school district, in every school, and even in every classroom. This poses problems both for students and the public schools alike.
The balancing act in EL reclassification. Due to the importance of EL status, policymakers need to strike a careful balance between reclassifying students too early and reclassifying them too late. Reclassifying too early can result in students struggling to succeed academically because of insufficient proficiency in English. Reclassifying students too late can result in restricted opportunity to learn, segregation from peers, and damaged self-concept and lower teacher expectations.
ELs who are reclassified before reaching proficiency in English lose access to specialized instruction and may struggle academically as a result. This may have consequences for graduation and postsecondary success. Conversely, when ELs reclassify too late, they can face restricted educational opportunity, segregation from their peers, lowered motivation and self-concept, and lower teacher expectations.
Federal law requires states to have standardized reclassification criteria. The federal Every Student Succeeds Act (ESSA) of 2015 requires states to "establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the state, standardized statewide reclassification procedures for English learners to exit from English learner programs, services, and status."
Nearly all states have much simpler reclassification systems. According to WestEd, as of 2023, 44 states used one criterion, 3 states used two criteria, 3 states used 3 criteria, and one state (California) used 4 criteria.
Many English learners who do not reclassify are actually proficient in English. Research has found that many students who are not reclassified have achieved proficiency on the state's assessment of English proficiency. One statewide study of a kindergarten cohort found that although 72% of EL students had reached English proficiency by the end of fifth grade and thus were eligible for reclassification under criterion 1, barely 50% were actually reclassified, and as a result nearly half of all long-term ELs (LTELs) were English proficient. (Novicoff, 2024, 2025)
ELs are not reclassified for an average of 229 days after scoring proficient in English; some students score proficient for years before they are reclassified. An analysis by the CDE (2026) of the time to reclassification for students scoring proficient on the ELPAC indicates that significant time elapses before students are reclassified.
Using CALPADS data for over 140,000 EL students who were reclassified during the 2024–25 academic year, the CDE found that ELs reclassified in 2024–25 experienced an average delay of approximately 229 days after earning a qualifying ELPAC. While one-quarter of students were reclassified within 75 days—typically within the same academic year—the upper quartile of students waited more than nine months. Some students remained classified as EL for multiple years after first demonstrating proficiency, often earning Performance Level (PL) 4 scores in successive ELPAC administrations before reclassification occurred. At the 90th percentile, some students waited 532 days or more to be reclassified.
Reclassification rates vary significantly by home language, even at the same proficiency level. According to research published by the Learning Policy Institute (LPI, 2024), overall reclassification rates in elementary school vary significantly by home language:
- Mandarin: 77%
- Cantonese: 74%
- Vietnamese: 70%
- Korean: 68%
- Arabic: 50%
- Spanish: 46%
While these disparities might be explained by initial levels of language proficiency, multiple studies have demonstrated that reclassification rates vary by home language even among students scoring at the same proficiency level.
According to the Author
"AB 2555 will reform California's nearly 50-year-old system for reclassifying English learners as fully English proficient, creating a coherent, consistent, transparent, and efficient reclassification system which is consistent with the California English Learner Roadmap.
California's vision for English learner success, as articulated in the English Learner Roadmap, is that English learners attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. California's system for reclassifying students as fully English proficient is a critical part of realizing this vision.
California's reclassification system was established nearly 50 years ago and has not materially changed since.
Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification. Research also shows that roughly half of all English learners who are not reclassified by the end of elementary school have scored proficient on the state's assessment of English language proficiency. Research further shows significant gaps in reclassification rates by home language, with Spanish-speaking students significantly less likely to reclassify than other students. On average, it takes 226 days for a student who has scored proficient in English to reclassify, and many students score proficient for multiple years before they are reclassified.
It is time for a comprehensive reform to this system. By streamlining the reclassification criteria, making reclassification automatic, better engaging parents, strengthening the monitoring of reclassified students, and reframing reclassification as a milestone on the path to biliteracy, AB 2555 will establish a coherent, consistent, efficient, and transparent reclassification system – one worthy of our students' potential."
Arguments in Support
Californians Together writes, "EL reclassification policy must be carefully designed to avoid reclassifying students too early, which can leave students with insufficient English proficiency to succeed, and reclassifying too late, which can restrict their opportunity to learn and segregate them from their peers.
Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by mindsets about reclassification.
Currently, the lack of a standardized process can lead to delays and disparities in how students transition out of EL status. Implementing a clear, uniform reclassification process is essential. AB 2555 will establish a coherent, consistent, efficient reclassification system which is consistent with the EL Roadmap Policy."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- This bill could result in Proposition 98 General Fund apportionment revenue losses to local educational agencies (LEAs) associated with reduced supplemental Local Control Funding Formula (LCFF) funding for students no longer designated as English learners. The extent of these costs is unknown and would depend on the number of students that are reclassified as English proficient based on the new reclassification criteria. Additionally, these costs may be offset by savings associated with LEAs no longer needing to provide English Language Development resources to English learners that have been reclassified as proficient.
- The California Department of Education (CDE) estimates General Fund costs of $3.5 million and a minimum of 8.0 positions across multiple divisions in the department to comply with the bill's requirements. However, staff notes that not all of these costs are attributed to this bill as CDE indicates that some of these divisions have been under-resourced with meeting existing workload.
- This bill could result in one-time General Fund cost pressures, potentially in the hundreds of thousands to low millions of dollars, for the state to provide funding for CDE to contract for the development of content-aligned rubrics and sample alternative coursework, and an evaluation of the bill's reclassification reforms. These provisions are subject to an appropriation.
VOTES:
ASM EDUCATION: 9-0-0
YES: Patel, Hoover, Alvarez, Bonta, Castillo, Garcia, Lowenthal, Pellerin, Zbur
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
ASSEMBLY FLOOR: 78-0-2
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Muratsuchi, Celeste Rodriguez
UPDATED
VERSION: August 20, 2026
CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0004309
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 2555 |
THIRD READING
Bill No: AB 2555
Author: Patel (D), et al.
Amended: 8/20/26 in Senate
Vote: 27 - Urgency
SENATE EDUCATION COMMITTEE: 7-0, 6/24/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 78-0, 5/26/26 - See last page for vote
SUBJECT: English learners: reclassification
SOURCE: Author
DIGEST:
This bill makes changes to the system of reclassifying English learners as English proficient including: 1) establishing a standardized statewide reclassification process based on demonstrated English language proficiency; 20 limiting the reclassification criteria to the assessment of English language development (ELD); 3) permitting some English learners with disabilities to be reclassified using alternate means; 4) shifting from a manual to automatic reclassification process; 5) strengthening parent engagement; 6) requiring the State Board of Education (SBE) to identify an appropriate instrument for monitoring reclassified English learners; 7) requiring the California Department of Education (CDE) to post data on reclassification rates, reframing English learner reclassification as a milestone on the path to biliteracy; and 8) requiring an evaluation of these changes to English learner reclassification.
Senate Floor Amendments of 8/20/26 clarify the reclassification process for students who met the English Language Proficiency Assessment for California (ELPAC) threshold in 2025-26 or 2026-27 but were not reclassified, allows the use of existing 2026 Budget Act funding to develop alternate reclassification rubrics and sample pupil work for English learners with individualized education programs (IEPs), gives the CDE flexibility to determine how local educational agencies (LEAs) report students reclassified through the alternate pathway, limit certain post-reclassification outcome reporting to statewide data, and make related technical and conforming changes. The amendments also include chaptering out amendments with SB 1412 (Rubio, 2026).
ANALYSIS:
Existing law:
- Requires each school district that has one or more students who are English learners, and, to the extent required by federal law, each county office of education (COE) and each charter school, to assess the ELD of each student in order to determine the level of proficiency. The law requires that the summative assessment be conducted annually during a four-month period after January 1st of each year, as determined by the Education Commissioner, and with approval by the SBE. Further, existing law requires the annual assessment to continue until students are redesignated as fully English proficient. (Education Code (EC) § 313)
- Requires the CDE, with the approval of the SBE, to establish procedures for conducting the assessment of English proficiency required and for the reclassification of a student from English learner to English proficient. It requires that the reclassification procedures developed utilize multiple criteria in determining whether to reclassify a student as proficient in English, including, but not limited to, all of the following:
- Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the ELD test that is developed or acquired;
- Teacher evaluation, including, but not limited to, a review of the student’s curriculum mastery;
- Parental opinion and consultation; and
- Comparison of the performance of the student in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient students of the same age, which demonstrates whether the student is sufficiently proficient in English to participate effectively in a curriculum designed for students of the same age whose native language is English. (EC § 313)
- Eliminates the existing multiple-criteria reclassification process, including teacher evaluation, parent opinion and consultation, and comparison of basic skills performance, and instead establishes English language proficiency assessment results as the sole criterion for reclassification. Beginning July 1, 2027, the bill implements a new permanent statewide reclassification system consistent with these changes.
- Requires an English learner student who, on the 2025-26 or 2026-27 administration of a summative assessment, meets the SBE established proficiency score on the statewide English language proficiency assessment or, if applicable, the statewide alternate English language proficiency assessment, to be reclassified as English proficient. A student is to be considered reclassified as English proficient as of the day after the student demonstrates proficiency on one of these assessments. The bill requires a LEA to reclassify a student who met the applicable proficiency score on the 2025-26 assessment but was not reclassified during the 2025-26 school year by January 31, 2027, and a student who met the applicable proficiency score of the 2026-27 assessment but was not reclassified during the 2026-27 school year by January 31, 2028.
- Requires school districts, and to the extent required by federal law, COEs
and charter schools, to assess the ELD of each English learner student in order to determine the level of proficiency.
- Requires CDE with SBE approval to establish procedures for
administering English language proficiency assessments.
- Requires English learners to be assessed upon initial enrollment and
annually thereafter until reclassified and specifies the assessments that may be used, including the state’s ELD assessment and the statewide alternate assessment for English language proficiency. This bill further clarifies that eligibility for the alternate English language proficiency assessment may be determined independently of eligibility for the statewide alternate assessment in English language arts or mathematics.
- Requires the specified annual summative assessments to be administered
during a testing window established by the Superintendent of Public Instruction (SPI) and SBE and requires annual assessment continue until the student is reclassified as English proficient.
- Requires that an assessment for initial identification be conducted
upon the initial enrollment of a student in order to provide information to be used to determine if the student is an English learner.
- Specifies how assessments are to be conducted when a student enrolls during or outside the annual testing window and limits state assessments used for identification and annual assessment to be conducted no more than once per school year for each assessment purpose.
- Requires assessments to be administered consistently with applicable federal laws and regulations.
- Specifies that the provisions of the bill do not preclude school districts and
COEs from testing English learners more than once in a school year if they so choose.
- Clarifies that enrollment in transitional kindergarten does not constitute initial enrollment for purposes of English learner identification.
- Repurposes the standardized English language teacher observation protocol for use as a formative assessment tool for English learners and for monitoring reclassified students.
- Requires LEAs to provide parents of English learners, when their student is initially determined to be an English learner, if applicable, in the parent’s primary language with all of the following information:
- That their child has been classified as an English learner.
- California’s vision for English learner success that includes mastery
of grade level standards and having opportunities to develop proficiency in multiple languages. California schools value the culture and language that their child brings to their education.
- Opportunities for parent engagement.
- That their child is entitled to special support to help them succeed in
school.
- Assessment, reclassification, and monitoring processes.
- Biliteracy and State Seal of Biliteracy opportunities.
- Requires an English learner to be reclassified as English proficient upon achieving the SBE established proficiency score on the English language proficiency assessment or alternate assessment, as applicable.
- Requires CDE to automatically record students with qualifying scores as reclassified when assessment results become available in the appropriate data system.
- Requires LEAs, after a student has been recorded as reclassified in the appropriate data system, to:
- Ensure student placement and instructional programs reflect
reclassification status, as specified.
- Notify parents of reclassification and information regarding
opportunities to pursue biliteracy and the State Seal of Biliteracy.
- Prohibits a student who has been reclassified as English proficient from being subsequently classified as an English learner.
- Encourages LEAs to recognize students and families for achieving English proficiency and encourage the pursuit of biliteracy.
- Finds that California has established alternate coursework and performance tasks for students with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
- States the Legislature’s intent to allow English learners with disabilities to demonstrate English proficiency for reclassification purposes through alternative means aligned with the state’s English language proficiency assessment.
- Authorizes, commencing July 1, 2028, subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks, an English learner with an IEP to be considered for reclassification through an alternative process if all are true for the student:
- Has received ELD instruction that would reasonably be expected to
result in English proficiency but has not achieved the proficiency level required on the English language proficiency assessment for reclassification.
- Used all designated supports and accommodations, and applicable
assessment exemptions identified in the student’s IEP or 504 plan.
- Either scored one performance level below the SBE’s reclassification
threshold on the most recent English language proficiency assessment or, if applicable, received any score on the statewide alternate English language proficiency assessment.
- Requires an LEA to reclassify and report to CDE the reclassification of an eligible student who has an IEP if the LEA determines, using state developed rubrics and student work aligned to state developed alternative coursework and performance tasks, that the student has demonstrated English proficiency comparable to the threshold for reclassification on the English language assessment through alternate means. The bill requires the determination to be documented in the student’s IEP.
- Authorizes the alternative demonstration to be used for one or more assessment domains in which a student has not demonstrated proficiency and allows those results to be combined with proficient scores in other domains for the purpose of meeting the overall reclassification standard.
- Requires LEAs to report students reclassified through the alternative pathway to CDE in a form and manner determined by CDE. CDE is required, after receiving the report, to record the student as reclassified in the appropriate data systems.
- Finds that federal law requires LEAs to monitor and report on the progress of reclassified English learners for four years following reclassification, including reporting outcomes for students with disabilities.
- Requires LEAs to monitor reclassified students to ensure all of the following:
- English proficient status is not a barrier to academic success, which
indicates the student has not been prematurely reclassified as English proficient.
- Academic deficits associated with prior English learner status have
been remedied.
- The student is meaningfully participating in the standard instructional
program that is comparable to their peers who were never classified as
English learners.
- Specifies that the monitoring requirements are declarative of existing federal law.
- Requires by January 1, 2028, the SBE to identify both of the following:
- A means for monitoring reclassified students during the four years
following reclassification for purposes of identifying students who are not meeting challenging state academic standards after reclassification.
- An instrument for monitoring reclassified students who are not
meeting academic standards. The instrument must satisfy the specified criteria. In identifying an appropriate instrument, the SBE must consider the use of the standardized English language observation protocol.
- Requires CDE, by January 1, 2028, to identify interventions for reclassified students who need additional English language support to progress academically.
- Requires CDE, beginning in the 2027-28 school year, to annually publish specified reclassification and student outcome data on its website, including reclassification rates and post-reclassification outcomes.
- Allows the use of existing 2026 Budget Act funding to develop alternate reclassification rubrics and sample student work for English learners with IEPs.
- Subject to an appropriation, requires CDE to contract for an evaluation of the bill’s reclassification reforms and submit a report to the Legislature by January 1, 2032, and requires that the evaluation include information regarding the effects on students who have ever been classified as English learners, as specified.
- Expands parent rights provisions to require information, as specified, regarding student progress toward English proficiency, reclassification requirements and process, biliteracy opportunities and the State Seal of Biliteracy, results of English language proficiency assessments and proficiencies required for reclassification.
- States various legislative findings and declarations related to the need for statewide consistency in the criteria used to determine the reclassification from English learner to English proficient.
- Defines various terms for purposes of the bill.
- Adds an urgency clause; and makes other clarifying and conforming changes.
- Makes technical amendments necessary to avoid chaptering issues with SB 1412.
Comments
Need for the bill. According to the author, “AB 2555 will reform California’s nearly 50-year-old system for reclassifying English learners as fully English proficient, creating a coherent, consistent, transparent, and efficient reclassification system which is consistent with the California English Learner Roadmap. California’s vision for English learner success, as articulated in the English Learner Roadmap, is that English learners attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. California’s system for reclassifying students as fully English proficient is a critical part of realizing this vision.
California’s reclassification system was established in 1976, and has not materially changed since. Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification. Research also shows that roughly half of all English learners who are not reclassified by the end of elementary school have scored proficient on the state’s assessment of English language proficiency. Research further shows significant gaps in reclassification rates by home language, with Spanish-speaking students significantly less likely to reclassify than other students. On average, it takes 226 days for a student who has scored proficient in English to reclassify, and many students score proficient for multiple years before they are reclassified.
It is time for a comprehensive reform to this system. By streamlining the reclassification criteria, making reclassification automatic, better engaging parents, strengthening the monitoring of reclassified students, and reframing reclassification as a milestone on the path to biliteracy, AB 2555 will establish a coherent, consistent, efficient, and transparent reclassification system – one worthy of our students’ potential.”
The English Language Proficiency Assessment for California. The ELPAC is the state’s English language proficiency assessment used to identify English learners and measures their progress toward English proficiency. SBE has established an Overall Performance Level 4 on the Summative ELPAC, and an Overall Performance Level 3 on the Summative Alternate ELPAC, as the proficiency levels used for reclassification. A 2026 WestEd analysis, Finding the Sweet Spot for English Learner Reclassification: A study of California’s Criteria, confirmed that students who achieve the SBE ELPAC reclassification threshold perform at least as well as similarly situated English only peers on the state’s English language arts assessment. This finding is central for the proposed reclassification reform to make ELPAC or Alternate ELPAC performance the sole criterion for reclassification.
Replacing the state’s existing reclassification criteria. Existing law requires English learner reclassification decisions to be based on multiple criteria, including an assessment of English language proficiency, teacher evaluation, parental opinion and consultation, and basic skills performance. According to information provided by the author, California is the only state that continues to require four reclassification criteria, while 44 states use a single criterion and six states use two or three criteria. Research found that many students who demonstrate English proficiency on the state’s English language proficiency assessment are not immediately reclassified. Data from CDE indicates that students reclassified during the 2024-25 school year waited an average of approximately 229 days after earning a qualifying ELPAC score before being reclassified, with some students remaining classified as English learners for multiple years after demonstrating proficiency. The Learning Policy Institute’s 2024 report, California’s English learners and Their Long-Term Learning Outcomes, further cites research indicating that approximately 72% of English learners in one statewide cohort had achieved English proficiency by the end of fifth grade, but only about 50% had been reclassified, resulting in nearly half of long-term English learners having already demonstrated English proficiency but remained classified as an English learner. This bill seeks to address these delays and failures to reclassify students who have already demonstrated English proficiency by establishing a reclassification standard based on performance on the ELPAC or Alternate ELPAC and creating an automatic reclassification process.
Reclassification rates vary by home language. Research by the Learning Policy Institute found substantial variation in reclassification rates among English learner student groups based on home language. According to the Learning Policy Institute, elementary school reclassification rates were 77% for Mandarin-speaking students, 74% for Cantonese-speaking students, 70% for Vietnamese-speaking students, and 68% for Korean-speaking students, compared to 50% Arabic speaking students and 46% for Spanish -speaking students. The research found that Spanish-speaking students were more than three times as likely as Mandarin-speaking students to become long-term English learners. The report further found that disparities in reclassification rates persist even among students demonstrating similar levels of English proficiency. According to the author, one purpose of the bill’s streamlined and automatic reclassification process is to reduce variation in local implementation and ensure students who demonstrate proficiency on the ELPAC are reclassified consistently regardless of home language. An ELPAC based reclassification system and an automatic reclassification process, as proposed in this measure, could create greater consistency in reclassification decisions across LEAs and student groups.
Variation in measures used to satisfy teacher evaluation and basic skills. Research by the Public Policy Institute of California (PPIC) in 2021 found significant differences among LEAs in the measures used to satisfy the teacher evaluation and basic skills criteria required for reclassification. In addition to academic measures, districts reported considering factors such as attendance (30% of districts), behavior (21%), discipline (16%), homework completion (38%), and classroom participation (62%). The same research found that districts often establish local requirements that exceed state recommendations and that the use of multiple criteria is associated with lower reclassification rates. Given that these measures may not directly assess English language proficiency, students who demonstrated proficiency on the ELPAC may nonetheless remain classified as English learners based on additional local criteria. This bill eliminates the teacher evaluation and basic skills criteria that currently permit districts to consider a wide range of academic and non-academic factors.
Shifting parent engagement to the beginning of a student’s English learner experience. Existing law requires parent consultation as part of the reclassification process. PPIC’s 2021 report also found that implementation of this requirement also varies among LEAs and often occurs near the end of the reclassification process. PPIC’s 2026 policy brief cites research findings that families often receive information about English learner services and reclassification in a fragmented manner and may have limited understanding of how students move toward reclassification. The bill instead requires a school to provide information to parents when a student is initially identified as an English learner, including information regarding English learner services, reclassification requirements and processes, monitoring, biliteracy, and opportunities for parent engagement. PPIC’s 2026 policy brief also notes feedback from parent organizations indicating that many families have difficulty understanding their child’s English learner status and the reclassification process. This bill seeks to provide families with information earlier and create additional opportunities for engagement through a student’s time as an English learner.
Providing an alternative pathway for English learners with disabilities. PPIC’s 2026 policy brief notes that nearly 18% of English learners and 28% of long-term English learners have IEPs. According to information provided by the author, English learners are disproportionately represented among students with disabilities, particularly in the upper grades. During the 2024-26 school year, 24% of 12th-grade English learners had an IEP, compared to 1% of their non-English learner peers. The PPIC policy brief further notes that designing reclassification policies for dual-identified students has long been a challenge for the state and LEAs. Recent CDE guidance clarified that only students eligible to participate in the state’s alternate ELPAC for students with the most significant cognitive disabilities may use that assessment for reclassification purposes. Other English learners with disabilities participate in the standard ELPAC with approved accommodations and supports but remain subject to the same reclassification threshold as English learners. According to PPIC, some districts expressed concern that this approach provides limited flexibility for students whose disabilities affect their ability to demonstrate English proficiency on the ELPAC despite receiving ELD instruction and assessment accommodations. The bill addresses both groups by recognizing proficiency demonstrated on the Alternate ELPAC for purposes of automatic reclassification and establishing an alternative reclassification pathway for certain students with IEPs. That alternative pathway is available to students who score on a performance level below the SBE’s reclassification threshold on the standard ELPAC and, if applicable, to students who receive any score on the Alternative ELPAC, provided the other requirements are met, and the student demonstrates comparable English proficiency through state-developed rubrics, alternate student work, and performance measures.
Monitoring reclassified students. Federal and state law require LEAs to monitor students for four years after they have been reclassified as English proficient. Monitoring serves as an important safeguard to identify students whose English proficiency continues to pose a barrier to academic success and to address concerns regarding premature reclassification. Research indicates that students can experience a reclassification shock immediately following reclassification, underscoring the importance of ongoing monitoring and support. Research from PPIC further found substantial variation in local monitoring practices, with 91% of districts reporting the use of grades, 85% using test scores, 60% using attendance, and 11% using course taking patterns when monitoring reclassified students. Unlike some states that have established standardized monitoring systems and interventions for reclassified students, California does not currently have a statewide monitoring framework. This bill affirms existing monitoring requirements and requires the SBE and CDE to identify statewide monitoring tools and interventions. This bill seeks to ensure that students who are reclassified continue to receive support when English proficiency remains a barrier to academic success.
Evaluation of the reclassification reform. The reforms proposed in this bill represent a significant shift in how reclassification is achieved. As such, this bill requires CDE to contract for an independent evaluation of the changes to English learner reclassification criteria and processes and report its findings to the Legislature by January 1, 2032. The evaluation must examine a broad range of outcomes, including reclassification rates, academic achievement, access to core curriculum, graduation rates, parent engagement, biliteracy attainment, reclassification of English learners with disabilities, monitoring practices, and the quality of ELD instruction. The evaluation is intended to assess the effects of replacing California’s longstanding multiple-criteria reclassification system with an ELPAC-based reclassification system and automatic reclassification process. By requiring a review of both implementation and student outcomes, the bill provides a way to evaluate whether the reforms improve consistency and educational outcomes for English learners.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee analysis on a prior bill version, this bill would have the following fiscal impact:
- This bill could result in Proposition 98 General Fund apportionment revenue losses to local educational agencies (LEAs) associated with reduced supplemental Local Control Funding Formula (LCFF) funding for students no longer designated as English learners. The extent of these costs is unknown and would depend on the number of students that are reclassified as English proficient based on the new reclassification criteria. Additionally, these costs may be offset by savings associated with LEAs no longer needing to provide English Language Development resources to English learners that have been reclassified as proficient.
- The California Department of Education (CDE) estimates General Fund costs of $3.5 million and a minimum of 8.0 positions across multiple divisions in the department to comply with the bill’s requirements. However, staff notes that not all of these costs are attributed to this bill as CDE indicates that some of these divisions have been under-resourced with meeting existing workload.
- This bill could result in one-time General Fund cost pressures, potentially in the hundreds of thousands to low millions of dollars, for the state to provide funding for CDE to contract for the development of content-aligned rubrics and sample alternative coursework, and an evaluation of the bill’s reclassification reforms. These provisions are subject to an appropriation.
SUPPORT: (Verified 8/20/26)
Alameda County Office of Education
Association of California School Administrators
Association of Mexican American Educators
Association of Two-way Dual Language Education
California Association for Bilingual Education
California Association of Suburban Schools
California Community Foundation
California County Superintendents
California Faculty Association
California Family Engagement Network
California Immigrant Policy Center
California Teachers Association
Californians Together
CFT – A Union of Educators & Classified Professionals, AFT, AFL-CIO
Children Now
Chinese for Affirmative Action
Community Asset Development Redefining Education
EdTrust-West
EDvance College
EdVoice
Fresno Unified School District
Go Public Schools
Internationals Network
Kern County Superintendent of Schools Office
Latinos in Action
Los Angeles County Office of Education
Los Angeles Unified School District
Loyola Marymount University - the Center for Equity for English Learners
Office of the Riverside County Superintendent of Schools
Parent Organization Network
Parents for Public Schools of San Francisco
Partnership for Children & Youth
Public Advocates
San Diego County Office of Education
San Diego Unified School District
San Francisco Unified School District
Santa Clara County Office of Education
Sobrato Early Academic Language
UnidosUS
Unite-LA
Youth Leadership Institute
OPPOSITION: (Verified 8/20/26)
None received
ASSEMBLY FLOOR: 78-0, 5/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Muratsuchi, Celeste Rodriguez
Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105
8/24/26 13:35:09
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 2555 |
THIRD READING
Bill No: AB 2555
Author: Patel (D), et al.
Amended: 8/13/26 in Senate
Vote: 27- Urgency
SENATE EDUCATION COMMITTEE: 7-0, 6/24/26
AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/13/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 78-0, 5/26/26 - See last page for vote
SUBJECT: English learners: reclassification
SOURCE: Author
DIGEST:
This bill, an urgency measure, makes changes to the system of reclassifying English learners as English proficient including: establishing a standardized statewide reclassification process based on demonstrated English language proficiency, limiting the reclassification criteria to the assessment of English language development (ELD), permitting some English learners with disabilities to be reclassified using alternate means, shifting from a manual to automatic reclassification process, strengthening parent engagement, requiring the State Board of Education (SBE) to identify an appropriate instrument for monitoring reclassified English learners, requiring the California Department of Education (CDE) to post data on reclassification rates, reframing English learner reclassification as a milestone on the path to biliteracy, and requiring an evaluation of these changes to English learner reclassification.
ANALYSIS:
Existing law:
- Requires each school district that has one or more students who are English learners, and, to the extent required by federal law, each county office of education (COE) and each charter school, to assess the ELD of each student in order to determine the level of proficiency. The law requires that the summative assessment be conducted annually during a four-month period after January 1st of each year, as determined by the Superintendent of Public Instruction (SPI), and with approval by the SBE. Further, existing law requires the annual assessment to continue until students are redesignated as fully English proficient. (Education Code (EC) § 313)
- Requires the CDE, with the approval of the SBE, to establish procedures for conducting the assessment of English proficiency required and for the reclassification of a student from English learner to English proficient. It requires that the reclassification procedures developed utilize multiple criteria in determining whether to reclassify a student as proficient in English, including, but not limited to, all of the following:
- Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the ELD test that is developed or acquired;
- Teacher evaluation, including, but not limited to, a review of the student’s curriculum mastery;
- Parental opinion and consultation; and
- Comparison of the performance of the student in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient students of the same age, which demonstrates whether the student is sufficiently proficient in English to participate effectively in a curriculum designed for students of the same age whose native language is English. (EC § 313)
- Requires an English learner student who, in the 2025-26 or in the 2026-27 school year, meets the SBE established proficiency score on the statewide English language proficiency assessment or, if applicable, the statewide alternate English language proficiency assessment, to be reclassified as English proficient. A student is to be considered reclassified as English proficient as of the date the student demonstrates proficiency on one of these assessments. This bill eliminates the existing multiple-criteria reclassification process, including teacher evaluation, parent opinion and consultation, and comparison of basic skills performance, and instead establishes English language proficiency assessment results as the sole criterion for reclassification. Beginning July 1, 2027, the bill implements a new permanent statewide reclassification system consistent with these changes.
- Requires school districts, and to the extent required by federal law, county
offices of education and charter schools, to assess the ELD of each English learner student in order to determine the level of proficiency.
- Requires CDE with SBE approval to establish procedures for
administering English language proficiency assessments.
- Requires English learners to be assessed upon initial enrollment and
annually thereafter until reclassified and specifies the assessments that may be used, including the state’s ELD assessment and the statewide alternate assessment for English language proficiency. This bill further clarifies that eligibility for the alternate English language proficiency assessment may be determined independently of eligibility for the statewide alternate assessment in English language arts or mathematics.
- Requires the specified annual summative assessments to be administered
during a testing window established by the SPI and SBE and requires annual assessment continue until the student is reclassified as English proficient.
- Requires that an assessment for initial identification be conducted
upon the initial enrollment of a student in order to provide information to be used to determine if the student is an English learner.
- Specifies how assessments are to be conducted when a student enrolls during or outside the annual testing window and limits state assessments used for identification and annual assessment to be conducted no more than once per school year for each assessment purpose.
- Requires assessments to be administered consistently with applicable federal laws and regulations.
- Specifies that the provisions of the bill do not preclude school districts and
COEs from testing English learners more than once in a school year if they so choose.
- Clarifies that enrollment in transitional kindergarten does not constitute initial enrollment for purposes of English learner identification.
- Repurposes the standardized English language teacher observation protocol for use as a formative assessment tool for English learners and for monitoring reclassified students.
- Requires local educational agencies (LEAs) to provide parents of English learners when their student is initially determined to be an English learner, if applicable, in the parent’s primary language with all of the following information:
- That their child has been classified as an English learner.
- California’s vision for English learner success that includes mastery
of grade level standards and having opportunities to develop proficiency in multiple languages. California schools value the culture and language that their child brings to their education.
- Opportunities for parent engagement.
- That their child is entitled to special support to help them succeed in
school.
- Assessment, reclassification, and monitoring processes.
- Biliteracy and State Seal of Biliteracy opportunities.
- Requires an English learner to be reclassified as English proficient upon achieving the SBE established proficiency score on the English language proficiency assessment or alternate assessment, as applicable.
- Requires CDE to automatically record students with qualifying scores as reclassified when assessment results become available in the appropriate data system.
- Requires LEAs, after a student has been recorded as reclassified in the appropriate data system, to:
- Ensure student placement and instructional programs reflect
reclassification status, as specified.
- Notify parents of reclassification and information regarding
opportunities to pursue biliteracy and the State Seal of Biliteracy.
- Prohibits a student who has been reclassified as English proficient from being subsequently classified as an English learner.
- Encourages LEAs to recognize students and families for achieving English proficiency and encourage the pursuit of biliteracy.
- Finds that California has established alternate coursework and performance tasks for students with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
- States the Legislature’s intent to allow English learners with disabilities to demonstrate English proficiency for reclassification purposes through alternative means aligned with the state’s English language proficiency assessment.
- Authorizes, commencing July 1, 2028, subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks, an English learner with an Individualized Education Program (IEP) to be considered for reclassification through an alternative process if all are true for the student:
- Has received ELD instruction that would reasonably be expected to
result in English proficiency but has not achieved the proficiency level required on the English language proficiency assessment for reclassification.
- Used all designated supports and accommodations, and applicable
assessment exemptions identified in the student’s IEP or 504 plan.
- Either scored one performance level below the SBE’s reclassification
threshold on the most recent English language proficiency assessment or, if applicable, received any score on the statewide alternate English language proficiency assessment.
- Requires an LEA to reclassify and report to CDE the reclassification of an eligible student who has an IEP if the LEA determines, using state developed rubrics and student work aligned to state developed alternative coursework and performance tasks, that the student has demonstrated English proficiency comparable to the threshold for reclassification on the English language assessment through alternate means. The bill requires the determination to be documented in the student’s IEP.
- Authorizes the alternative demonstration to be used for one or more assessment domains in which a student has not demonstrated proficiency and allows those results to be combined with proficient scores in other domains for the purpose of meeting the overall reclassification standard.
- Requires LEAs to report students reclassified through the alternative pathway by submitting a reclassification by alternate coursework code in California Longitudinal Pupil Achievement Data System (CALPADS). CDE is required, after receiving the report, to generate state and LEA reports in the appropriate data systems and mark the student as reclassified.
- Finds that federal law requires LEAs to monitor and report on the progress of reclassified English learners for four years following reclassification, including reporting outcomes for students with disabilities.
- Requires LEAs to monitor reclassified students to ensure all of the following:
- English proficient status is not a barrier to academic success, which
indicates the student has not been prematurely reclassified as English proficient.
- Academic deficits associated with prior English learner status have
been remedied.
- The student is meaningfully participating in the standard instructional
program that is comparable to their peers who were never classified as
English learners.
- Specifies that the monitoring requirements are declarative of existing federal law.
- Requires by January 1, 2028, the SBE to identify both of the following:
- A means for monitoring reclassified students during the four years
following reclassification for purposes of identifying students who are not meeting challenging state academic standards after reclassification.
- An instrument for monitoring reclassified students who are not
meeting academic standards. The instrument must satisfy the specified criteria. In identifying an appropriate instrument, the SBE must consider the use of the standardized English language observation protocol.
- Requires CDE, by January 1, 2028, to identify interventions for reclassified students who need additional English language support to progress academically.
- Requires CDE, beginning in the 2027-28 school year, to annually publish specified reclassification and student outcome data on its website, including reclassification rates and post-reclassification outcomes.
- Subject to an appropriation, requires CDE or a COE to develop rubrics and sample alternative student work and performance tasks aligned to the content and performance levels of the domains of the ELD assessment identified for use in reclassifying English learners with IEPs, as specified.
- Requires the rubrics and sample alternate student work and performance tasks to be completed and posted on CDE’s website by January 1, 2028.
- Subject to an appropriation, requires CDE to contract for an evaluation of the bill’s reclassification reforms and submit a report to the Legislature by January 1, 2032, and requires that the evaluation include information regarding the effects on students who have ever been classified as English learners, as specified.
- Expands parent rights provisions to require information, as specified, regarding student progress toward English proficiency, reclassification requirements and process, biliteracy opportunities and the State Seal of Biliteracy, results of English language proficiency assessments and proficiencies required for reclassification.
- States various legislative findings and declarations related to the need for statewide consistency in the criteria used to determine the reclassification from English learner to English proficient.
- Defines various terms for purposes of the bill.
- Adds an urgency clause; and makes other clarifying and conforming changes.
Comments
- Need for the bill. According to the author, “AB 2555 will reform California’s nearly 50-year-old system for reclassifying English learners as fully English proficient, creating a coherent, consistent, transparent, and efficient reclassification system which is consistent with the California English Learner Roadmap. California’s vision for English learner success, as articulated in the English Learner Roadmap, is that English learners attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. California’s system for reclassifying students as fully English proficient is a critical part of realizing this vision.
California’s reclassification system was established in 1976 and has not materially changed since. Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification. Research also shows that roughly half of all English learners who are not reclassified by the end of elementary school have scored proficient on the state’s assessment of English language proficiency. Research further shows significant gaps in reclassification rates by home language, with Spanish-speaking students significantly less likely to reclassify than other students. On average, it takes 226 days for a student who has scored proficient in English to reclassify, and many students score proficient for multiple years before they are reclassified.
It is time for a comprehensive reform to this system. By streamlining the reclassification criteria, making reclassification automatic, better engaging parents, strengthening the monitoring of reclassified students, and reframing reclassification as a milestone on the path to biliteracy, AB 2555 will establish a coherent, consistent, efficient, and transparent reclassification system – one worthy of our students’ potential.”
- The English Language Proficiency Assessment for California (ELPAC). The ELPAC is the state’s English language proficiency assessment used to identify English learners and measures their progress toward English proficiency. SBE has established an Overall Performance Level 4 on the Summative ELPAC, and an Overall Performance Level 3 on the Summative Alternate ELPAC, as the proficiency levels used for reclassification. A 2026 WestEd analysis, Finding the Sweet Spot for English Learner Reclassification: A study of California’s Criteria, confirmed that students who achieve the SBE ELPAC reclassification threshold perform at least as well as similarly situated English only peers on the state’s English language arts assessment. This finding is central for the proposed reclassification reform to make ELPAC or Alternate ELPAC performance the sole criterion for reclassification.
- Replacing the state’s existing reclassification criteria. Existing law requires English learner reclassification decisions to be based on multiple criteria, including an assessment of English language proficiency, teacher evaluation, parental opinion and consultation, and basic skills performance. According to information provided by the author, California is the only state that continues to require four reclassification criteria, while 44 states use a single criterion and six states use two or three criteria. Research found that many students who demonstrate English proficiency on the state’s English language proficiency assessment are not immediately reclassified. Data from CDE indicates that students reclassified during the 2024-25 school year waited an average of approximately 229 days after earning a qualifying ELPAC score before being reclassified, with some students remaining classified as English learners for multiple years after demonstrating proficiency. The Learning Policy Institute’s 2024 report, California’s English learners and Their Long-Term Learning Outcomes, further cites research indicating that approximately 72% of English learners in one statewide cohort had achieved English proficiency by the end of fifth grade, but only about 50% had been reclassified, resulting in nearly half of long-term English learners having already demonstrated English proficiency but remained classified as an English learner. This bill seeks to address these delays and failures to reclassify students who have already demonstrated English proficiency by establishing a reclassification standard based on performance on the ELPAC or Alternate ELPAC and creating an automatic reclassification process.
- Reclassification rates vary by home language. Research by the Learning Policy Institute found substantial variation in reclassification rates among English learner student groups based on home language. According to the Learning Policy Institute, elementary school reclassification rates were 77% for Mandarin-speaking students, 74% for Cantonese-speaking students, 70% for Vietnamese-speaking students, and 68% for Korean-speaking students, compared to 50% Arabic speaking students and 46% for Spanish -speaking students. The research found that Spanish-speaking students were more than three times as likely as Mandarin-speaking students to become long-term English learners. The report further found that disparities in reclassification rates persist even among students demonstrating similar levels of English proficiency. According to the author, one purpose of the bill’s streamlined and automatic reclassification process is to reduce variation in local implementation and ensure students who demonstrate proficiency on the ELPAC are reclassified consistently regardless of home language. An ELPAC based reclassification system and an automatic reclassification process, as proposed in this measure, could create greater consistency in reclassification decisions across LEAs and student groups.
- Variation in measures used to satisfy teacher evaluation and basic skills. Research by the Public Policy Institute of California (PPIC) in 2021 found significant differences among LEAs in the measures used to satisfy the teacher evaluation and basic skills criteria required for reclassification. In addition to academic measures, districts reported considering factors such as attendance (30% of districts), behavior (21%), discipline (16%), homework completion (38%), and classroom participation (62%). The same research found that districts often establish local requirements that exceed state recommendations and that the use of multiple criteria is associated with lower reclassification rates. Given that these measures may not directly assess English language proficiency, students who demonstrated proficiency on the ELPAC may nonetheless remain classified as English learners based on additional local criteria. This bill eliminates the teacher evaluation and basic skills criteria that currently permit districts to consider a wide range of academic and non-academic factors.
- Shifting parent engagement to the beginning of a student’s English learner experience. Existing law requires parent consultation as part of the reclassification process. PPIC’s 2021 report also found that implementation of this requirement also varies among LEAs and often occurs near the end of the reclassification process. PPIC’s 2026 policy brief cites research findings that families often receive information about English learner services and reclassification in a fragmented manner and may have limited understanding of how students move toward reclassification. The bill instead requires a school to provide information to parents when a student is initially identified as an English learner, including information regarding English learner services, reclassification requirements and processes, monitoring, biliteracy, and opportunities for parent engagement. PPIC’s 2026 policy brief also notes feedback from parent organizations indicating that many families have difficulty understanding their child’s English learner status and the reclassification process. This bill seeks to provide families with information earlier and create additional opportunities for engagement through a student’s time as an English learner.
- Providing an alternative pathway for English learners with disabilities. PPIC’s 2026 policy brief notes that nearly 18% of English learners and 28% of long-term English learners have IEPs. According to information provided by the author, English learners are disproportionately represented among students with disabilities, particularly in the upper grades. During the 2024-26 school year, 24% of 12th-grade English learners had an IEP, compared to 1% of their non-English learners peers. The PPIC policy brief further notes that designing reclassification policies for dual-identified students has long been a challenge for the state and LEAs. Recent CDE guidance clarified that only students eligible to participate in the state’s alternate ELPAC for students with the most significant cognitive disabilities may use that assessment for reclassification purposes. Other English learners with disabilities participate in the standard ELPAC with approved accommodations and supports but remain subject to the same reclassification threshold as English learners. According to PPIC, some districts expressed concern that this approach provides limited flexibility for students whose disabilities affect their ability to demonstrate English proficiency on the ELPAC despite receiving ELD instruction and assessment accommodations. The bill addresses both groups by recognizing proficiency demonstrated on the Alternate ELPAC for purposes of automatic reclassification and establishing an alternative reclassification pathway for certain students with IEPs. That alternative pathway is available to students who score on a performance level below the SBE’s reclassification threshold on the standard ELPAC and, if applicable, to students who receive any score on the Alternative ELPAC, provided the other requirements are met, and the student demonstrates comparable English proficiency through state-developed rubrics and performance measures.
- Monitoring reclassified students. Federal and state law require LEAs to monitor students for four years after they have been reclassified as English proficient. Monitoring serves as an important safeguard to identify students whose English proficiency continues to pose a barrier to academic success and to address concerns regarding premature reclassification. Research indicates that students can experience a reclassification shock immediately following reclassification, underscoring the importance of ongoing monitoring and support. Research from PPIC further found substantial variation in local monitoring practices, with 91% of districts reporting the use of grades, 85% using test scores, 60% using attendance, and 11% using course taking patterns when monitoring reclassified students. Unlike some states that have established standardized monitoring systems and interventions for reclassified students, California does not currently have a statewide monitoring framework. This bill affirms existing monitoring requirements and requires the SBE and CDE to identify statewide monitoring tools and interventions. This bill seeks to ensure that students who are reclassified continue to receive support when English proficiency remains a barrier to academic success.
- Evaluation of the reclassification reform. The reforms proposed in this bill represent a significant shift in how reclassification is achieved. As such, this bill requires CDE to contract for an independent evaluation of the changes to English learner reclassification criteria and processes and report its findings to the Legislature by January 1, 2032. The evaluation must examine a broad range of outcomes, including reclassification rates, academic achievement, access to core curriculum, graduation rates, parent engagement, biliteracy attainment, reclassification of English learners with disabilities, monitoring practices, and the quality of ELD instruction. The evaluation is intended to assess the effects of replacing California’s longstanding multiple-criteria reclassification system with an ELPAC-based reclassification system and automatic reclassification process. By requiring a review of both implementation and student outcomes, the bill provides a way to evaluate whether the reforms improve consistency and educational outcomes for English learners.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee analysis, this bill would have the following fiscal impact:
- This bill could result in Proposition 98 General Fund apportionment revenue losses to local educational agencies (LEAs) associated with reduced supplemental Local Control Funding Formula (LCFF) funding for students no longer designated as English learners. The extent of these costs is unknown and would depend on the number of students that are reclassified as English proficient based on the new reclassification criteria. Additionally, these costs may be offset by savings associated with LEAs no longer needing to provide English Language Development resources to English learners that have been reclassified as proficient.
- The California Department of Education (CDE) estimates General Fund costs of $3.5 million and a minimum of 8.0 positions across multiple divisions in the department to comply with the bill’s requirements. However, staff notes that not all of these costs are attributed to this bill as CDE indicates that some of these divisions have been under-resourced with meeting existing workload.
- This bill could result in one-time General Fund cost pressures, potentially in the hundreds of thousands to low millions of dollars, for the state to provide funding for CDE to contract for the development of content-aligned rubrics and sample alternative coursework, and an evaluation of the bill’s reclassification reforms. These provisions are subject to an appropriation.
SUPPORT: (Verified 8/15/26)
Alameda County Office of Education
Association of California School Administrators
Association of Mexican American Educators
Association of Two-way Dual Language Education
California Association for Bilingual Education
California Association of Suburban Schools
California Community Foundation
California County Superintendents
California Faculty Association
California Family Engagement Network
California Immigrant Policy Center
California Teachers Association
Californians Together
CFT – A Union of Educators & Classified Professionals, AFT, AFL-CIO
Children Now
Chinese for Affirmative Action
Community Asset Development Redefining Education
EdTrust-West
EDvance College
EdVoice
Fresno Unified School District
Go Public Schools
Internationals Network
Kern County Superintendent of Schools Office
Latinos in Action
Los Angeles County Office of Education
Los Angeles Unified School District
Loyola Marymount University - the Center for Equity for English Learners
Office of the Riverside County Superintendent of Schools
Parent Organization Network
Parents for Public Schools of San Francisco
Partnership for Children & Youth
Public Advocates
San Diego County Office of Education
San Diego Unified School District
San Francisco Unified School District
Santa Clara County Office of Education
Sobrato Early Academic Language
UnidosUS
Unite-LA
Youth Leadership Institute
OPPOSITION: (Verified 8/15/26)
None received
ASSEMBLY FLOOR: 78-0, 5/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Muratsuchi, Celeste Rodriguez
Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105
8/17/26 11:13:25
SENATE COMMITTEE ON
Senator Sabrina Cervantes, Chair
2025 - 2026 Regular Session
AB 2555 (Patel) - English learners: reclassification
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill makes various changes to the system for reclassifying English learners as English proficient, including the establishment of a standardized reclassification process based on demonstrated English language proficiency and limiting the reclassification criteria to the assessment of English language development (ELD).
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 13, 2026
Fiscal Impact:
- This bill could result in Proposition 98 General Fund apportionment revenue losses to local educational agencies (LEAs) associated with reduced supplemental Local Control Funding Formula (LCFF) funding for students no longer designated as English learners. The extent of these costs is unknown and would depend on the number of students that are reclassified as English proficient based on the new reclassification criteria. Additionally, these costs may be offset by savings associated with LEAs no longer needing to provide English Language Development resources to English learners that have been reclassified as proficient.
- The California Department of Education (CDE) estimates General Fund costs of $3.5 million and a minimum of 8.0 positions across multiple divisions in the department to comply with the bill’s requirements. However, staff notes that not all of these costs are attributed to this bill as CDE indicates that some of these divisions have been under-resourced with meeting existing workload.
- This bill could result in one-time General Fund cost pressures, potentially in the hundreds of thousands to low millions of dollars, for the state to provide funding for CDE to contract for the development of content-aligned rubrics and sample alternative coursework, and an evaluation of the bill’s reclassification reforms. These provisions are subject to an appropriation.
Author Amendments:
Provide that the bill’s requirements would be subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks, as specified; require LEAs to submit a reclassification by alternate coursework code within the California Longitudinal Pupil Achievement Data System, and for CDE to generate a department report and an LEA report and make the pupil as reclassified; add an urgency clause; and make clarifying and technical changes.
-- END --
SENATE COMMITTEE ON
Senator Sabrina Cervantes, Chair
2025 - 2026 Regular Session
AB 2555 (Patel) - English learners: reclassification
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill makes various changes to the system for reclassifying English learners as English proficient, including the establishment of a standardized reclassification process based on demonstrated English language proficiency and limiting the reclassification criteria to the assessment of English language development (ELD).
Fiscal Impact:
- This bill could result in Proposition 98 General Fund apportionment revenue losses to local educational agencies (LEAs) associated with reduced supplemental Local Control Funding Formula (LCFF) funding for students no longer designated as English learners. The extent of these costs is unknown and would depend on the number of students that are reclassified as English proficient based on the new reclassification criteria. Additionally, these costs may be offset by savings associated with LEAs no longer needing to provide English Language Development resources to English learners that have been reclassified as proficient.
- The CDE estimates General Fund costs of $3.5 million and a minimum of 8.0 positions across multiple divisions in the department to comply with the bill’s requirements. However, staff notes that not all of these costs are attributed to this bill as CDE indicates that some of these divisions have been under-resourced with meeting existing workload.
- This bill could result in one-time General Fund cost pressures, potentially in the hundreds of thousands to low millions of dollars, for the state to provide funding for CDE to contract for the development of content-aligned rubrics and sample alternative coursework, and an evaluation of the bill’s reclassification reforms. These provisions are subject to an appropriation.
Background:
Existing law requires each school district that has one or more students who are ELs, and, to the extent required by federal law, each county office of education (COE) and each charter school, to assess the ELD of each student in order to determine the level of proficiency. The law requires that the summative assessment be conducted annually during a four-month period after January 1st of each year, as determined by the Superintendent of Public Instruction (SPI), and with approval by the SBE. Furrher, existing law requires the annual assessment to continue until students are redesignated as fully English proficient.
Existing law requires the CDE, with the approval of the SBE, to establish procedures for conducting the assessment of English proficiency required and for the reclassification of a student from EL to English proficient. It requires that the reclassification procedures developed utilize multiple criteria in determining whether to reclassify a student as proficient in English, including, but not limited to, all of the following:
- Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the ELD test that is developed or acquired;
- Teacher evaluation, including, but not limited to, a review of the student’s curriculum mastery;
- Parental opinion and consultation; and
- Comparison of the performance of the student in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient students of the same age, which demonstrates whether the student is sufficiently proficient in English to participate effectively in a curriculum designed for students of the same age whose native language is English.
Proposed Law:
This bill, beginning in the 2026-27 school year, requires an English learner student to be reclassified as English proficient upon achieving the SBE established proficiency score on the statewide English language proficiency assessment or, if applicable, the statewide alternate English language proficiency assessment. A student is to be considered reclassified as English proficient as of the date the student demonstrates proficiency on one of these assessments. This bill eliminates the existing multiple-criteria reclassification process, including teacher evaluation, parent opinion and consultation, and comparison of basic skills performance, and instead establishes English language proficiency assessment results as the sole criterion for reclassification. Beginning July 1, 2027, the bill implements a new permanent statewide reclassification system consistent with these changes.
This bill requires school districts, and to the extent required by federal law, county offices of education and charter schools, to assess the ELD of each English learner student to determine the level of proficiency.
This bill requires CDE with SBE approval, to establish procedures for administering English language proficiency assessments.
This bill requires English learners to be assessed upon initial enrollment and annually thereafter until reclassified and specifies the assessments that may be used, including the state’s ELD assessment and the statewide alternate assessment for English language proficiency. The bill further clarifies that eligibility for the alternate English language proficiency assessment may be determined independently of eligibility for the statewide alternate assessment in English language arts or mathematics.
This bill requires the specified annual summative assessments to be administered during a testing window established by the SPI and SBE and requires annual assessment continue until the student is reclassified as English proficient.
This bill requires that an assessment for initial identification be conducted upon the initial enrollment of a student to provide information to be used to determine if the student is an English learner. The bill also specifies how assessments are to be conducted when a student enrolls during or outside the annual testing window and limits state assessments used for identification and annual assessment to be conducted no more than once per school year for each assessment purpose.
This bill specifies that the provisions of the bill do not preclude school districts and COEs from testing English learners more than once in a school year if they so choose. It also clarifies that enrollment in transitional kindergarten does not constitute initial enrollment for purposes of English learner identification.
This bill repurposes the standardized English language teacher observation protocol for use as a formative assessment tool for English learners and for monitoring reclassified students.
This bill requires LEAs to provide parents of English learners when their student is initially determined to be an English learner, if applicable, in the parent’s primary language with specified information, including that their child has been classified as an English learner.
This bill requires an English learner to be reclassified as English proficient upon achieving the SBE established proficiency score on the English language proficiency assessment or alternate assessment, as applicable.
This bill requires CDE to automatically record students with qualifying scores as reclassified when assessment results become available in the appropriate data system.
This bill requires LEAs, after a student has been recorded as reclassified in the appropriate data system, to ensure student placement and instructional programs reflect reclassification status, as specified, and notify parents of reclassification and information regarding opportunities to pursue biliteracy and the State Seal of Biliteracy.
This bill prohibits a student who has been reclassified as English proficient from being subsequently classified as an English learner.
This bill encourages LEAs to recognize students and families for achieving English proficiency and encourage pursuit of biliteracy.
This bill authorizes, commencing July 1, 2028, an English learner with an IEP to be considered for reclassification through an alternative process if all are true for the student:
- Has received ELD instruction that would reasonably be expected to result in English proficiency but has not achieved the proficiency level required on the English language proficiency assessment for reclassification.
- Used all designated supports and accommodations, and applicable assessment exemptions identified in the student’s IEP or 504 plan.
- For students who do not take the statewide alternate English language proficiency assessment, scored one performance level below the SBE’s reclassification threshold on the most recent English language proficiency assessment.
This bill requires an LEA to reclassify and report to CDE the reclassification of an eligible student who has an IEP if the LEA determines, using state developed rubrics and student work aligned to state developed alternative coursework and performance tasks, that the student has demonstrated English proficiency comparable to the threshold for reclassification on the English language assessment through alternate means. The bill requires the determination to be documented in the student’s IEP.
This bill authorizes the alternative demonstration to be used for one or more assessment domains in which a student has not demonstrated proficiency and allows those results to be combined with proficient scores in other domains for the purpose of meeting the overall reclassification standard.
This bill requires LEAs to report students reclassified through the alternative pathway to CDE in a manner determined by CDE and requires CDE to record those students as reclassified in the state’s data system.
This bill requires LEAs to monitor reclassified students to ensure all of the following:
- English proficient status is not a barrier to academic success, which indicates the student has not been prematurely reclassified as English proficient.
- Academic deficits associated with prior English learner status have been remedied.
- The student is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
This bill specifies that the monitoring requirements are declarative of existing federal law.
This bill requires by January 1, 2028, the SBE to identify both of the following:
- A means for monitoring reclassified students during the four years following reclassification for purposes of identifying students who are not meeting challenging state academic standards after reclassification.
- An instrument for monitoring reclassified students who are not meeting academic standards. The instrument must satisfy the specified criteria. In identifying an appropriate instrument, the SBE must consider the use of the standardized English language observation protocol.
This bill requires CDE, by January 1, 2028, to identify interventions for reclassified students who need additional English language support to progress academically. The bill also requires CDE, beginning in the 2027-28 school year, to annually publish specified reclassification and student outcome data on its website, including reclassification rates and post-reclassification outcomes.
This bill, subject to an appropriation, requires CDE or a COE to develop rubrics and sample alternative student work and performance tasks aligned to the content and performance levels of the domains of the ELD assessment identified for use in reclassifying English learners with IEPs, as specified. It requires the rubrics and sample alternate student work and performance tasks to be completed and posted on CDE’s website by January 1, 2028.
This bill, subject to an appropriation, requires CDE to contract for an evaluation of the bill’s reclassification reforms and submit a report to the Legislature by January 1, 2032, and requires that the evaluation include information regarding the effects on students who have ever been classified as English learners, as specified.
This bill expands parent rights provisions to require information, as specified, regarding student progress toward English proficiency, reclassification requirements and process, biliteracy opportunities and the State Seal of Biliteracy, results of English language proficiency assessments and proficiencies required for reclassification.
Staff Comments:
Existing law requires English learner reclassification decisions to be based on multiple criteria, including an assessment of English language proficiency, teacher evaluation, parental opinion and consultation, and basic skills performance. The ELPAC is the state’s English language proficiency assessment used to identify English learners and measures their progress toward English proficiency. This bill proposes significant reforms to the state’s system for reclassifying English learners as fully English proficient, including the use of the ELPAC or Alternate ELPAC performance as the sole criterion for reclassification and creating an automatic reclassification process. The bill also eliminates the teacher evaluation and basic skills criteria that currently permit districts to consider a wide range of academic and non-academic factors.
According to the author, “California’s reclassification system was established in 1976 and has not materially changed since. Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification. Research also shows that roughly half of all English learners who are not reclassified by the end of elementary school have scored proficient on the state’s assessment of English language proficiency. Research further shows significant gaps in reclassification rates by home language, with Spanish-speaking students significantly less likely to reclassify than other students. On average, it takes 226 days for a student who has scored proficient in English to reclassify, and many students score proficient for multiple years before they are reclassified. It is time for a comprehensive reform to this system. By streamlining the reclassification criteria, making reclassification automatic, better engaging parents, strengthening the monitoring of reclassified students, and reframing reclassification as a milestone on the path to biliteracy, AB 2555 will establish a coherent, consistent, efficient, and transparent reclassification system – one worthy of our students’ potential.”
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SENATE COMMITTEE ON EDUCATION
Senator Sasha Renée Pérez, Chair
2025 - 2026 Regular
Bill No: Hearing Date: June 24, 2026
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Urgency: | Fiscal: | ||
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Subject: .
SUMMARY
This bill makes changes to the system of reclassifying English learners as English proficient including: establishing a standardized statewide reclassification process based on demonstrated English language proficiency, limiting the reclassification criteria to the assessment of English language development (ELD), permitting some English learners with disabilities to be reclassified using alternate means, shifting from a manual to automatic reclassification process, strengthening parent engagement, requiring the State Board of Education (SBE) to identify an appropriate instrument for monitoring reclassified English learners, requiring the California Department of Education (CDE) to post data on reclassification rates, reframing English learner reclassification as a milestone on the path to biliteracy, and requiring an evaluation of these changes to English learner reclassification.
BACKGROUND
Existing law:
- Requires each school district that has one or more students who are ELs, and, to the extent required by federal law, each county office of education (COE) and each charter school, to assess the ELD of each student in order to determine the level of proficiency. Requires that the summative assessment be conducted annually during a four-month period after January 1st of each year, as determined by the Superintendent of Public Instruction (SPI), and with approval by the SBE. Requires annual assessment to continue until students are redesignated as fully English proficient. (Education Code (EC) § 313)
- Requires the California Department of Education (CDE), with the approval of the SBE, to establish procedures for conducting the assessment of English proficiency required and for the reclassification of a student from EL to English proficient. (EC § 313)
- Requires that the reclassification procedures developed by the CDE utilize multiple criteria in determining whether to reclassify a student as proficient in English, including, but not limited to, all of the following:
- Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the ELD test that is developed or acquired;
- Teacher evaluation, including, but not limited to, a review of the student’s curriculum mastery;
- Parental opinion and consultation; and
- Comparison of the performance of the student in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient students of the same age, which demonstrates whether the student is sufficiently proficient in English to participate effectively in a curriculum designed for students of the same age whose native language is English. (EC § 313)
- Existing state regulations regarding reclassification require that:
- The teachers’ evaluation for reclassification involves the participation of the student’s classroom teacher and any other certificated staff with direct responsibility for teaching or placement decisions of the student;
- Parental involvement in reclassification (the fourth criterion above) includes:
- Notice to parents or guardians of language reclassification and placement, including a description of the reclassification process and the parent’s opportunity to participate; and
- Encouragement of the participation of parents or guardians in the school district’s reclassification procedure, including seeking their opinion and consultation during the reclassification process.
- Until the statewide, empirically-established range of performance in basic English Language Arts (ELA) skills is established, evaluation of the student’s performance as specified. (California Code of Regulations (CCR) Title V § 11303)
- Requires the CDE, by December 31, 2023, to develop a standardized English language teacher observation protocol for use by teachers in evaluating a student’s English language proficiency, for purposes of reclassification. Requires that this protocol be designed to be used by teachers to evaluate a student’s use of English while engaging in academic content learning, including interactive language use with peers. (EC § 313.3)
- In state regulations, requires that when administering an initial or summative assessment of ELD to a student with a disability, local educational agencies (LEAs) provide designated supports and accommodations in accordance with the student’s Individualized Education Program (IEP) or Section 504 Plan. (CCR Title 5 § 11518.25)
- When a student’s IEP or Section 504 Plan specifies that the student has a disability that precludes assessment such that there are no appropriate accommodations for assessment in one or more of the listening, speaking, reading, and writing domains, requires that the student be assessed in the remaining domains. (CCR Title 5 § 11518.25)
- Requires, through state regulations, that when a student’s IEP team determines that they have a significant cognitive disability such that they are unable to participate in the initial or summative assessment of English language proficiency, or a section of either test, even with resources, the student be assessed using the statewide alternate assessment, as specified in the student’s IEP. (CCR Title 5 § 11518.30)
- The federal Every Student Succeeds Act (ESSA) of 2015, requires that states establish and implement, with timely and meaningful consultation with LEAs representing the geographic diversity of the state, standardized statewide reclassification procedures for ELs to exit from EL programs, services, and status. (United States Code (USC) Title 20 § 6821)
- Includes the EL reclassification rate as part of the student achievement state priority for purposes of a school district’s Local Control and Accountability Plan (LCAP). (EC § 52060)
- Requires, on or before July 1, 2018, the CDE to develop a manual providing guidance to LEAs on identifying, assessing, supporting, and reclassifying ELs who may qualify for special education services and students with disabilities who may be classified as ELs. (EC § 56305)
- Under federal law, requires each eligible entity that receives a subgrant from a State Educational Agency (SEA) to provide the SEA, a report that includes the number and percentage of ELs meeting challenging state academic standards for each of the 4 years after they are no longer receiving services, in the aggregate and disaggregated, at a minimum, by ELs with a disability. (USC Title 20 § 3113(b)
- Requires, in state regulations, school districts to monitor the progress of reclassified ELs to ensure correct classification and placement. (CCR Title 5 § 11304)
- Requires the CDE, by January 1, 2014, the CDE 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 ELs, and recommend to the Legislature and SBE any guideline, regulatory, or statutory changes that it determines are necessary to identify when ELs are prepared for the successful transition to classrooms and curricula that require English proficiency. (EC § 52164.6)
- Requires, commencing in the 2019–20 school year, that a middle school or high school student who is classified as an EL, except for newcomer students, not be denied participation in the standard instructional program of a school, as specified.
ANALYSIS
Reclassification transition year
- Beginning in the 2026-27 school year, requires an English learner student to be reclassified as English proficient upon achieving the SBE established proficiency score on the statewide English language proficiency assessment or, if applicable, the statewide alternate English language proficiency assessment. A student is to be considered reclassified as English proficient as of the date the student demonstrates proficiency on one of these assessments. The bill eliminates the existing multiple-criteria reclassification process, including teacher evaluation, parent opinion and consultation, and comparison of basic skills performance, and instead establishes English language proficiency assessment results as the sole criterion for reclassification. Beginning July 1, 2027, the bill implements a new permanent statewide reclassification system consistent with these changes.
English learner identification and assessment
- Requires school districts, and to the extent required by federal law, county
offices of education and charter schools, to assess the ELD of each English learner student in order to determine the level of proficiency.
- Requires CDE with SBE approval, to establish procedures for
administering English language proficiency assessments.
- Requires English learners to be assessed upon initial enrollment and
annually thereafter until reclassified and specifies the assessments that may be used, including the state’s ELD assessment and the statewide alternate assessment for English language proficiency. The bill further clarifies that eligibility for the alternate English language proficiency assessment may be determined independently of eligibility for the statewide alternate assessment in English language arts or mathematics.
- Requires the specified annual summative assessments to be administered
during a testing window established by the SPI and SBE and requires annual assessment continue until the student is reclassified as English proficient.
- Requires that an assessment for initial identification be conducted
upon the initial enrollment of a student in order to provide information to be used to determine if the student is an English learner.
- Specifies how assessments are to be conducted when a student enrolls during or outside the annual testing window and limits state assessments used for identification and annual assessment to be conducted no more than once per school year for each assessment purpose.
- Requires assessments to be administered consistently with applicable federal laws and regulations.
- Specifics that the provisions of the bill do not preclude school districts and
COEs from testing English learners more than once in a school year if they so choose.
- Clarifies that enrollment in transitional kindergarten does not constitute initial enrollment for purposes of English learner identification.
Teacher observation protocol for reclassification
- Repurposes the standardized English language teacher observation protocol for use as a formative assessment tool for English learners and for monitoring reclassified students.
Parent notification
- Requires LEAs to provide parents of English learners when their student is initially determined to be an English learner, if applicable, in the parent’s primary language with all of the following information:
- That their child has been classified as an English learner.
- California’s vision for English learner success that includes mastery of
grade level standards and having opportunities to develop proficiency in multiple languages. California’s schools value the culture and language that their child brings to their education.
- Opportunities for parent engagement.
- That their child is entitled to special support to help them succeed in
school.
- Assessment, reclassification, and monitoring processes.
- Biliteracy and State Seal of Biliteracy opportunities.
Reclassification
- Requires an English learner to be reclassified as English proficient upon achieving the SBE established proficiency score on the English language proficiency assessment or alternate assessment, as applicable.
- Requires CDE to automatically record students with qualifying scores as reclassified when assessment results become available in the appropriate data system.
- Requires LEAs, after a student has been recorded as reclassified in the appropriate data system, to:
- Ensure student placement and instructional programs reflect
reclassification status, as specified.
- Notify parents of reclassification and information regarding opportunities to
pursue biliteracy and the State Seal of Biliteracy.
- Prohibits a student who has been reclassified as English proficient from being subsequently classified as an English learner.
- Encourages LEAs to recognize students and families for achieving English proficiency and encourage pursuit of biliteracy.
Alternative reclassification
- Finds that California has established alternate coursework and performance tasks for students with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
- States the Legislature’s intent to allow English learners with disabilities to demonstrate English proficiency for reclassification purposes through alternative means aligned with the state’s English language proficiency assessment.
- Authorizes, commencing July 1, 2028, an English learner with an IEP to be considered for reclassification through an alternative process if all are true for the student:
- Has received ELD instruction that would
reasonably be expected to result in English proficiency but has not achieved the proficiency level required on the English language proficiency assessment for reclassification.
- Used all designated supports and accommodations, and applicable
assessment exemptions identified in the student’s IEP or 504 plan.
- For students who do not take the statewide alternate English language
proficiency assessment, scored one performance level below the SBE’s reclassification threshold on the most recent English language proficiency assessment.
- Requires an LEA to reclassify and report to CDE the reclassification of an eligible student who has an IEP if the LEA determines, using state developed rubrics and student work aligned to state developed alternative coursework and performance tasks, that the student has demonstrated English proficiency comparable to the threshold for reclassification on the English language assessment through alternate means. The bill requires the determination to be documented in the student’s IEP.
- Authorizes the alternative demonstration to be used for one or more assessment domains in which a student has not demonstrated proficiency and allows those results to be combined with proficient scores in other domains for the purpose of meeting the overall reclassification standard.
- Requires LEAs to report students reclassified through the alternative pathway to CDE in a manner determined by CDE and requires CDE to record those students as reclassified in the state’s data system.
Monitoring
- Finds that federal law requires LEAs to monitor and report on the progress of reclassified English learners for four years following reclassification, including reporting outcomes for students with disabilities.
- Requires LEAs to monitor reclassified students to ensure all of the following:
- English proficient status is not a barrier to academic success, which
indicates the student has not been prematurely reclassified as English proficient.
- Academic deficits associated with prior English learner status have been
remedied.
- The student is meaningfully participating in the standard instructional
program that is comparable to their peers who were never classified as
English learners.
- Specifies that the monitoring requirements are declarative of existing federal law.
- Requires by January 1, 2028, the SBE to identify both of the following:
- A means for monitoring reclassified students during the four years
following reclassification for purposes of identifying students who are not meeting challenging state academic standards after reclassification.
- An instrument for monitoring reclassified students who are not meeting
academic standards. The instrument must satisfy the specified criteria. In identifying an appropriate instrument, the SBE must consider the use of the standardized English language observation protocol.
- Requires CDE, by January 1, 2028, to identify interventions for reclassified students who need additional English language support to progress academically.
Reclassification data
- Requires CDE, beginning in the 2027-28 school year, to annually publish specified reclassification and student outcome data on its website, including reclassification rates and post-reclassification outcomes.
Alternative coursework
- Subject to an appropriation, requires CDE or a COE to develop rubrics and sample alternative student work and performance tasks aligned to the content and performance levels of the domains of the ELD assessment identified for use in reclassifying English learners with IEPs, as specified.
- Requires the rubrics and sample alternate student work and performance tasks to be completed and posted on CDE’s website by January 1, 2028.
Evaluation
- Subject to an appropriation, requires CDE to contract for an evaluation of the bill’s reclassification reforms and submit a report to the Legislature by January 1, 2032, and requires that the evaluation include information regarding the effects on students who have ever been classified as English learners, as specified.
Parents Rights
- Expands parent rights provisions to require information, as specified, regarding student progress toward English proficiency, reclassification requirements and process, biliteracy opportunities and the State Seal of Biliteracy, results of English language proficiency assessments and proficiencies required for reclassification.
Miscellaneous
- States various legislative findings and declarations related to the need for statewide consistency in the criteria used to determine the reclassification from English learner to English proficient.
- Defines various terms for purposes of the bill.
- Makes conforming changes.
STAFF COMMENTS
- Need for the bill. According to the author, “AB 2555 will reform California’s nearly 50-year-old system for reclassifying English learners as fully English proficient, creating a coherent, consistent, transparent, and efficient reclassification system which is consistent with the California English Learner Roadmap. California’s vision for English learner success, as articulated in the English Learner Roadmap, is that English learners attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. California’s system for reclassifying students as fully English proficient is a critical part of realizing this vision.
“California’s reclassification system was established in 1976 and has not materially changed since. Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification. Research also shows that roughly half of all English learners who are not reclassified by the end of elementary school have scored proficient on the state’s assessment of English language proficiency. Research further shows significant gaps in reclassification rates by home language, with Spanish-speaking students significantly less likely to reclassify than other students. On average, it takes 226 days for a student who has scored proficient in English to reclassify, and many students score proficient for multiple years before they are reclassified.
“It is time for a comprehensive reform to this system. By streamlining the reclassification criteria, making reclassification automatic, better engaging parents, strengthening the monitoring of reclassified students, and reframing reclassification as a milestone on the path to biliteracy, AB 2555 will establish
a coherent, consistent, efficient, and transparent reclassification system – one worthy of our students’ potential.”
- The English Language Proficiency Assessment for California (ELPAC). The ELPAC is the state’s English language proficiency assessment used to identify English learners and measures their progress toward English proficiency. SBE has established an Overall Performance Level 4 on the Summative ELPAC, and an Overall Performance Level 3 on the Summative Alternate ELPAC, as the proficiency levels used for reclassification. A 2026 WestEd analysis, Finding the Sweet Spot for English Learner Reclassification: A study of California’s Criteria, confirmed that students who achieve the SBE ELPAC reclassification threshold perform at least as well as similarly situated English only peers on the state’s English language arts assessment. This finding is central for the proposed reclassification reform to make ELPAC or Alternate ELPAC performance the sole criterion for reclassification.
- Replacing the state’s existing reclassification criteria. Existing law requires English learner reclassification decisions to be based on multiple criteria, including an assessment of English language proficiency, teacher evaluation, parental opinion and consultation, and basic skills performance. According to information provided by the author, California is the only state that continues to require four reclassification criteria, while 44 states use a single criterion and six states use two or three criteria. Research found that many students who demonstrate English proficiency on the state’s English language proficiency assessment are not immediately reclassified. Data from CDE indicates that students reclassified during the 2024-25 school year waited an average of approximately 229 days after earning a qualifying ELPAC score before being reclassified, with some students remaining classified as English learners for multiple years after demonstrating proficiency. The Learning Policy Institute’s 2024 report, California’s English Learners and Their Long-Term Learning Outcomes, further cites research indicating that approximately 72 percent of English learners in one statewide cohort had achieved English proficiency by the end of fifth grade, but only about 50 percent had been reclassified, resulting in nearly half of long-term English learners having already demonstrated English proficiency but remained classified as an English learner. This bill seeks to address these delays and failures to reclassify students who have already demonstrated English proficiency by establishing a reclassification standard based on performance on the ELPAC or Alternate ELPAC and creating an automatic reclassification process.
- Reclassification rates vary by home language. Research by the Learning Policy Institute found substantial variation in reclassification rates among English learner student groups based on home language. According to the Learning Policy Institute, elementary school reclassification rates were 77 percent for Mandarin-speaking students, 74 percent for Cantonese-speaking students, 70 percent for Vietnamese-speaking students, and 68 percent for Korean-speaking students, compared to 50 percent Arabic speaking students and 46 percent for Spanish -speaking students. The research found that Spanish-speaking students were more than three times as likely as Mandarin-speaking students to become long-term English learners. The report further found that disparities in reclassification rates persist even among students demonstrating similar levels of English proficiency. According to the author, one purpose of the bill’s streamlined and automatic reclassification process is to reduce variation in local implementation and ensure students who demonstrate proficiency on the ELPAC are reclassified consistently regardless of home language. An ELPAC based reclassification system and an automatic reclassification process, as proposed in this measure, could create greater consistency in reclassification decisions across LEAs and student groups.
- Variation in measures used to satisfy teacher evaluation and basic skills. Research by the Public Policy Institute of California (PPIC) in 2021 found significant differences among LEAs in the measures used to satisfy the teacher evaluation and basic skills criteria required for reclassification. In addition to academic measures, districts reported considering factors such as attendance (30 percent of districts), behavior (21 percent), discipline (16 percent), homework completion (38 percent), and classroom participation (62 percent). The same research found that districts often establish local requirements that exceed state recommendations and that the use of multiple criteria is associated with lower reclassification rates. Given that these measures may not directly assess English language proficiency, students who demonstrated proficiency on the ELPAC may nonetheless remain classified as English learners based on additional local criteria. This bill eliminates the teacher evaluation and basic skills criteria that currently permit districts to consider a wide range of academic and non-academic factors.
- Shifting parent engagement to the beginning of a student’s English learner experience. Existing law requires parent consultation as part of the reclassification process. PPIC’s 2021 report also found that implementation of this requirement also varies among LEAs and often occurs near the end of the reclassification process. PPIC’s 2026 policy brief cites research findings that families often receive information about English learner services and reclassification in a fragmented manner and may have limited understanding of how students move toward reclassification. The bill instead requires a school to provide information to parents when a student is initially identified as an English learner, including information regarding English learner services, reclassification requirements and processes, monitoring, biliteracy, and opportunities for parent engagement. PPIC’s 2026 policy brief also notes feedback from parent organizations indicating that many families have difficulty understanding their child’s English learner status and the reclassification process. The bill seeks to provide families with information earlier and create additional opportunities for engagement through a student’s time as an English learner.
- Providing an alternative pathway for English learners with disabilities. PPIC’s 2026 policy brief notes that nearly 18 percent of English learners and 28 percent of long-term English learners have IEPs. According to information provided by the author, English learners are disproportionately represented among students with disabilities, particularly in the upper grades. During the 2024-26 school year, 24 percent of 12th-grade English learners had an IEP, compared to 1 percent of their non-English learner peers. The PPIC policy brief further notes that designing reclassification policies for dual-identified students has long been a challenge for the state and LEAs. Recent CDE guidance clarified that only students eligible to participate in the state’s alternate ELPAC for students with the most significant cognitive disabilities may use that assessment for reclassification purposes. Other English learners with disabilities participate in the standard ELPAC with approved accommodations and supports but remain subject to the same reclassification threshold as English learners. According to PPIC, some districts expressed concern that this approach provides limited flexibility for students whose disabilities affect their ability to demonstrate English proficiency on the ELPAC despite receiving ELD instruction and assessment accommodations. The bill addresses both groups by recognizing proficiency demonstrated on the Alternate ELPAC for purposes of automatic reclassification and establishing an alternative reclassification pathway for certain students with IEPs who take the standard ELPAC, score one performance level below the SBE’s reclassification threshold, and satisfy other specified requirements based on state-developed rubrics and performance measures.
- Monitoring reclassified students. Federal and state law require LEAs to monitor students for four years after they have been reclassified as English proficient. Monitoring serves as an important safeguard to identify students whose English proficiency continues to pose a barrier to academic success and to address concerns regarding premature reclassification. Research indicates that students can experience a reclassification shock immediately following reclassification, underscoring the importance of ongoing monitoring and support. Research from PPIC further found substantial variation in local monitoring practices, with 91 percent of districts reporting the use of grades, 85 percent using test scores, 60 percent using attendance, and 11 percent using course taking patterns when monitoring reclassified students. Unlike some states that have established standardized monitoring systems and interventions for reclassified students, California does not currently have a statewide monitoring framework. This bill affirms existing monitoring requirements and requires the SBE and CDE to identify statewide monitoring tools and interventions. This bill seeks to ensure that students who are reclassified continue to receive support when English proficiency remains a barrier to academic success.
- Evaluation of the reclassification reform. The reforms proposed in this bill represent a significant shift in how reclassification is achieved. As such, this bill requires CDE to contract for an independent evaluation of the changes to English learner reclassification criteria and processes and report its findings to the Legislature by January 1, 2032. The evaluation must examine a broad range of outcomes, including reclassification rates, academic achievement, access to core curriculum, graduation rates, parent engagement, biliteracy attainment, reclassification of English learners with disabilities, monitoring practices, and the quality of ELD instruction. The evaluation is intended to assess the effects of replacing California’s longstanding multiple-criteria reclassification system with an ELPAC-based reclassification system and automatic reclassification process. By requiring a review of both implementation and student outcomes, the bill provides a way to evaluate whether the reforms improve consistency and educational outcomes for English learners.
SUPPORT
Alameda County Office of Education
Association of California School Administrators
Association of Mexican American Educators
California Association for Bilingual Education
California Association of Suburban Schools
California County Superintendents
California Faculty Association
California Family Engagement Network
California Immigrant Policy Center
California Teachers Association
Californians Together
CFT
Children Now
Chinese for Affirmative Action
Community Asset Development Redefining Education
EdTrust-West
EDvance College
EdVoice
Fresno Unified School District
Go Public Schools
Kern County Superintendent of Schools Office
Latinos in Action
Los Angeles County Office of Education
Los Angeles Unified School District
Loyola Marymount University - the Center for Equity for English Learners
Office of the Riverside County Superintendent of Schools
Parent Organization Network
Parents for Public Schools of San Francisco
Partnership for Children & Youth
Public Advocates
San Diego County Office of Education
San Diego Unified School District
San Francisco Unified School District
Santa Clara County Office of Education
Sobrato Early Academic Language
UnidosUS
Youth Leadership Institute
OPPOSITION
None received
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ASSEMBLY THIRD READING
ATR Bill Id:AB 2555
Author:(Patel)
As Amended Ver:April 15, 2026
Majority vote
SUMMARY
Makes changes to the system of reclassifying English learners (ELs) as English proficient commencing on July 1, 2027, including: limiting the reclassification criteria to the assessment of English language development (ELD), permitting some ELs with disabilities to be reclassified using alternate means, shifting from a manual to automatic reclassification process, strengthening parent engagement, requiring the State Board of Education (SBE) to identify an appropriate instrument for monitoring reclassified ELs, requiring the California Department of Education (CDE) to post data on reclassification rates, reframing EL reclassification as a milestone on the path to biliteracy, and requiring an evaluation of these changes to EL reclassification.
Major Provisions
Reclassification criteria and process:
- Repeals the existing criteria for EL reclassification as of July 1, 2027, and requires that, as of that date, ELs be reclassified as English proficient if they meet the score established by the SBE for purposes of reclassification on the ELD assessment, or the alternate ELD assessment, as applicable.
- Requires the CDE, as student scores on the ELD assessment become available, and on or before May 30 of each year, to record the students who meet the requirement to reclassify as reclassified in the appropriate data system.
- Requires local educational agencies (LEAs), when a student has been recorded as reclassified to:
- Ensure that the student's instructional program and placement reflects that the student is a reclassified student. States that this includes, but is not limited to, making any necessary course placement adjustments for students in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status; and
- Communicate to the student's parent or guardian, and if applicable, translated into the parent or guardian's primary language, that their child has been reclassified, and provide information about the student's potential opportunity to earn the State Seal of Biliteracy (SSB).
- Prohibits a student who has been reclassified as English proficient from being classified as an EL.
- Encourages LEAs to 1) recognize a student and the student's family for the accomplishment of achieving proficiency in English and 2) encourage the student to pursue a course of study leading to biliteracy and an SSB, if offered by the LEA.
- Defines LEA, for purposes of this section, to mean a school district, county office of education (COE), or charter school.
Reclassification of ELs with disabilities:
- States that all ELs, including those with or without disabilities, are eligible to reclassify from EL to English proficient if they meet specified requirements.
- Finds and declares that California has established alternative coursework and performance tasks for educators to use for students with disabilities who are not eligible for the statewide alternate assessments so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.
- Declares the intent of the Legislature to enable the students with disabilities who are not eligible to take the alternate ELD assessment to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the ELD assessment.
- Permits an EL student who has an individualized education program (IEP) to be eligible to be reclassified as English proficient by the LEA if they meet the following criteria:
- The student does not take the alternate ELD assessment;
- The student has used all test accommodations and any domain exemptions required by the student's IEP; and
- The student has failed to achieve the score required by the SBE for purposes of reclassification.
- Authorizes an LEA to report a student as reclassified to the CDE if they meet the above criteria and they have demonstrated, through the use of the alternate coursework and performance tasks, that they have reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment, through alternate means, the LEA shall report the student as reclassified as English proficient to the CDE.
- States that this demonstration may apply to one or more of the domains of the assessment in which the student has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.
- Requires that the report of a student as reclassified to the CDE be made in a form and manner determined by the CDE. After receiving this report, requires the CDE to record any students in the appropriate data systems as reclassified.
- Requires the CDE, subject to an appropriation for this purpose, on or before June 30, 2028, to develop and post on its website alternative coursework and performance tasks for students who are ELs, have IEPs, and do not qualify to take the statewide alternate assessment for English language proficiency to demonstrate proficiency in each of the domains of the ELD assessment for each of the grades or grade spans assessed using that assessment through alternate means.
- Authorizes the alternative coursework and performance tasks to be used for purposes of reclassification.
Parent engagement:
- Requires, commencing on July 1, 2027, that when a student is classified as an EL, the LEA communicate to the student's parent or guardian in a clear, concise, and comprehensible manner, and if applicable, translated into the parent or guardian's primary language, all of the following:
- Their child has been classified as an EL;
- California's vision of success for ELs is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. California's schools value the culture and language that their child brings to their education;
- They are encouraged to engage as a partner with the school in supporting their child's language development and may request meetings with their child's teachers to discuss their child's progress;
- Their child is entitled to special support in order to help them learn English and succeed in school;
- Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years;
- Their child's reclassification as English proficient is an important accomplishment and may be seen as a step on the journey to becoming literate in two languages, also known as biliteracy; and
- If their child becomes biliterate, they may be eligible to earn the SSB, which is a special recognition in the form of a seal affixed to their high school diploma.
- Establishes rights of parents to:
- Meet with their child's teacher or teachers to discuss their child's progress toward reaching proficiency in English, the process by which their child may be reclassified, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy;
- Receive the results of their children's performance on standardized statewide tests, including the results of the assessment of English proficiency;
- Be informed, through communication, including, but not limited to, parent-teacher conferences or report cards, of their child's progress in developing English proficiency and being reclassified as fully English proficient; and
- Receive information on the proficiencies necessary to become reclassified as fully English proficient.
Monitoring of reclassified ELs:
- Declares that existing federal law and state regulations require LEAs to monitor the progress of students who have been reclassified from EL to English proficient for four years.
- Requires that, pursuant to federal law, a LEA monitor a reclassified student's progress to ensure all of the following:
- The student does not fail to progress academically because of insufficient proficiency in English;
- Any academic deficits the student incurred as a result of participation in an EL program have been remedied; and
- The student is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as ELs.
- Requires the SBE, or before January 1, 2028, to identify both of the following:
- One or more appropriate instruments, including, but not limited to, the standardized English language observation protocol to be used for purposes of determining whether the English proficiency of a reclassified student is posing a barrier to the student's academic success; and
- Appropriate interventions for students who are determined to be in need of additional support for their English language in order to progress academically.
- States that, for purposes of these requirements, "local education agency" means a school district, COE, or charter school.
Posting of EL reclassification data:
- Requires the CDE, commencing with the 2027–28 school year, and subject to state and federal law regarding the privacy of student information, to annually post on its website both of the following:
- The reclassification rates of each school district, COE, and charter school;
- Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of students.
- Outcomes for reclassified students, both statewide and for each LEA and charter school, including four-year and five-year cohort graduation rates, the completion of courses required to meet the admissions requirements of the California State University (CSU) and the University of California (UC), and rates of chronic absenteeism, suspension and expulsion, and school stability.
Evaluation:
- Requires the CDE, subject to an appropriation for this purpose to contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the measure, to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032.
- Requires the evaluation to include, but not be limited to, the effects on all of the following for students who have ever been classified as ELs:
- The number of students reclassified disaggregated by grade, language, and disability status as compared to prior years;
- The longitudinal achievement of ELs in English language arts (ELA) and mathematics, including pre- and post-reclassification;
- Core curriculum access, including course placement of reclassified middle school and high school students and including, at minimum, a comparison with students never classified as ELs with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives;
- The administration of reclassification procedures at the local level;
- Engagement of parents in their children's education and understanding of EL status and the reclassification process;
- Achievement of biliteracy, including receiving the SSB;
- Reclassification of ELs with disabilities;
- The monitoring practices of school districts, COEs, and charter schools;
- The quality of ELD instruction for ELs; and
- Enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.
Teacher observation protocol for reclassification
- Recasts the purposes of the English language teacher observation protocol by removing references to reclassification and instead stating that its purpose is for formative assessment and for monitoring of students reclassified as fully English proficient (RFEP).
COMMENTS
Major provisions of this bill. This bill makes numerous changes to the system for reclassifying ELs, most of which take effect as of the 2027-28 school year. They include:
- Reclassification criteria: Repeals existing reclassification criteria and makes the English Language Proficiency Assessments for California (ELPAC) the sole criterion for reclassification;
- Automatic reclassification: Replaces the local, manual process of reclassifying students with an automatic process in which the CDE records students as reclassified once they have achieved the ELPAC score required for reclassification;
- Reclassification of ELs with IEPs: Permits ELs with disabilities who are 1) not qualified to take the Alternate ELPAC, 2) have used all accommodations and any domain exemptions required by their IEP, and 3) fail to achieve the score on the ELPAC necessary for reclassification, to reclassify by showing proficiency one or more of the domains of the ELPAC through alternate coursework and performance tasks (known as alternate means). Requires, subject to an appropriation, the CDE to contract for the development of the alternate means;
- Parent engagement: Requires LEAs to notify parents, when a student is initially classified as an EL, of their child's entitlement to support to learn English, the reclassification process, and the requirement that LEAs monitor reclassified students, emphasizes that reclassification can be seen as a milestone on the path to biliteracy and the SSB, and establishes parent rights to be informed of their children's progress in developing English proficiency;
- Monitoring of reclassified students: Affirms current requirements that LEAs monitor ELs for four years after reclassification to determine if their English proficiency remains a barrier to academic progress. Requires the SBE to identify an instrument, including the Observation Protocol for Teachers of English Learners (OPTEL), to designate as the means by which reclassified students are monitored. Also requires the SBE to identify appropriate interventions for reclassified students when needed;
- Reclassification data: Requires the CDE to annually post on its website reclassification rates by each LEA and charter school, and statewide results disaggregated by grade, language, and disability; and
- Evaluation: Requires, subject to an appropriation, the CDE to contract for an evaluation of the effects of this measure, as specified.
Why is English learner reclassification important? For over fifty years, schools have been required to meet the needs of students learning English. In 1974 the U.S. Supreme Court found, in Lau v. Nichols, that the lack of supplemental language instruction in public schools for ELs violated the Civil Rights Act of 1964, and required that districts provide appropriate relief. A few years later, the Chacon-Moscone Bilingual Bicultural Act of 1976 established the statutory framework to implement this decision. It included requirements for the identification, instruction, and reclassification of ELs.
Decades later, classification as an EL remains critical for students learning English, because it entitles them to specialized instruction which both helps them acquire English language skills and supports them as they learn academic content. Instruction in ELD, through designated and integrated ELD, delivered by qualified instructors, as well as annual progress monitoring through the state's assessment of English language proficiency, are foundational elements of an appropriate and equitable education for these students.
Being reclassified appropriately is also critical, as it both marks the achievement of English proficiency and signifies that students are ready to engage with academic content without specialized support. Without the need for ELD instruction, students, particularly those in the secondary grades, no longer need to take special courses that might constrain their educational opportunities. They are often also better integrated into the academic and social life of the school. Reclassification is another critical part of an equitable education.
Beyond the effects on individual students, EL reclassification is also important for state policy purposes. The group of students classified as ELs is used in California's equity-based school finance system, the Local Control Funding Formula (LCFF), in the state's accountability system, including the California School Dashboard, the state's Statewide System of Support (SOS), the state's assessment systems, and for federal reporting purposes.
The ELs classification, both for individual students and for the public school system as a whole, is foundational. The Assembly may wish to consider that without appropriate and consistent reclassification procedures, a state has a different definition of EL in every school district, in every school, and even in every classroom. This poses problems both for students and the public schools alike.
The balancing act in EL reclassification. Due to the importance of EL status, policymakers need to strike a careful balance between reclassifying students too early and reclassifying them too late. Reclassifying too early can result in students struggling to succeed academically because of insufficient proficiency in English. Reclassifying students too late can result in restricted opportunity to learn, segregation from peers, and damaged self-concept and lower teacher expectations.
ELs who are reclassified before reaching proficiency in English lose access to specialized instruction and may struggle academically as a result. This may have consequences for graduation and postsecondary success. Conversely, when ELs reclassify too late, they can face restricted educational opportunity, segregation from their peers, lowered motivation and self-concept, and lower teacher expectations.
California's reclassification criteria were established in 1976 and have not materially changed since. California's reclassification procedures were established in statute fifty years ago by the Chacon-Moscone Bilingual Bicultural Education Act of 1976. After this law sunset in 1987, the criteria were maintained in state regulations, and then re-established in statute through SB 638 (Alpert), Chapter 678, Statutes of 1999, essentially unchanged.
Current law establishes the following criteria for reclassification and allows LEAs to exceed these criteria. Research indicates that most California school districts have developed reclassification standards more rigorous than those recommended by the state. (Hill, 2014).
Federal law requires states to have standardized reclassification criteria. The federal Every Student Succeeds Act (ESSA) of 2015 requires states to "establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the state, standardized statewide reclassification procedures for English learners to exit from English learner programs, services, and status."
Nearly all states have much simpler reclassification systems. According to WestEd, as of 2023, the following are the number of reclassification criteria used by other states:
- 1 criterion: 44 states
- 2 criteria: 3 states
- 3 criteria: 3 states
- 4 criteria: 1 state (California)
Many English learners who do not reclassify are actually proficient in English. Research has found that many students who are not reclassified have achieved proficiency on the state's assessment of English proficiency. One statewide study of a kindergarten cohort found that although 72% of EL students had reached English proficiency on the CELDT by the end of fifth grade and thus were eligible for reclassification under criterion 1, barely 50% were actually reclassified, and as a result nearly half of all long-term ELs (LTELs) were English proficient. (Novicoff, 2024, 2025)
ELs are not reclassified for an average of 229 days after scoring proficient in English; some students score proficient for years before they are reclassified. An analysis by the CDE (2026) of the time to reclassification for students scoring proficient on the ELPAC indicates that significant time elapses before students are reclassified.
Using CALPADS data for over 140,000 EL students who were reclassified during the 2024–25 academic year, the CDE found that ELs reclassified in 2024–25 experienced an average delay of approximately 229 days after earning a qualifying ELPAC. While one-quarter of students were reclassified within 75 days—typically within the same academic year—the upper quartile of students waited more than nine months. Some students remained classified as EL for multiple years after first demonstrating proficiency, often earning Performance Level (PL) 4 scores in successive ELPAC administrations before reclassification occurred. At the 90th percentile, some students waited 532 days or more to be reclassified.
Reclassification rates vary significantly by home language, even at the same proficiency level. According to research published by the Learning Policy Institute (LPI, 2024), overall reclassification rates in elementary school vary significantly by home language:
- Mandarin: 77%
- Cantonese: 74%
- Vietnamese: 70%
- Korean: 68%
- Arabic: 50%
- Spanish: 46%
This research also shows the effect of these disparities on the percentage of students who become LTELs by language group, as shown below:
- Spanish: 49%
- Arabic: 38%
- Vietnamese: 26%
- Cantonese: 23%
- Mandarin: 15%
- Korean: 14%
While these disparities might be explained by initial levels of language proficiency, multiple studies have demonstrated that reclassification rates vary by home language even among students scoring at the same proficiency level.
According to the Author
"AB 2555 will reform California's 50-year-old system for reclassifying English learners as fully English proficient, creating a coherent, consistent, transparent, and efficient reclassification system which is consistent with the California English Learner Roadmap.
California's vision for English learner success, as articulated in the English Learner Roadmap, is that English learners attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. California's system for reclassifying students as fully English proficient is a critical part of realizing this vision.
California's reclassification system was established in 1976 and has not materially changed since. Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification. Research also shows that roughly half of all English learners who are not reclassified by the end of elementary school have scored proficient on the state's assessment of English language proficiency. Research further shows significant gaps in reclassification rates by home language, with Spanish-speaking students significantly less likely to reclassify than other students. On average, it takes 226 days for a student who has scored proficient in English to reclassify, and many students score proficient for multiple years before they are reclassified.
It is time for a comprehensive reform to this system. By streamlining the reclassification criteria, making reclassification automatic, better engaging parents, strengthening the monitoring of reclassified students, and reframing reclassification as a milestone on the path to biliteracy, AB 2555 will establish a coherent, consistent, efficient, and transparent reclassification system – one worthy of our students' potential."
Arguments in Support
Californians Together writes, "EL reclassification policy must be carefully designed to avoid reclassifying students too early, which can leave students with insufficient English proficiency to succeed, and reclassifying too late, which can restrict their opportunity to learn and segregate them from their peers.
Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by mindsets about reclassification.
Currently, the lack of a standardized process can lead to delays and disparities in how students transition out of EL status. Implementing a clear, uniform reclassification process is essential. AB 2555 will establish a coherent, consistent, efficient reclassification system which is consistent with the EL Roadmap Policy."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Potential Proposition 98 General Fund apportionment revenue loss of an unknown, potentially significant amount, likely in the millions of dollars of dollars annually, to LEAs, collectively statewide, associated with reduced supplemental Local Control Funding Formula (LCFF) funding for students no longer designated as EL.
- LCFF includes additional supplemental funding based on an LEA's percentage of unduplicated pupils (UPP), defined as EL, low-income, or foster youth, with pupils designated as more than one only counted once. According to CDE, the population of pupils who might no longer generate this supplemental funding due to reclassification is approximately 16,000 total statewide, out of about 3.8 million total unduplicated pupils. This is because 94% of EL students are also low-income. However, the LCFF calculates UPP as a three-year average of unduplicated pupils divided by an LEA's total enrollment, which smooths any year-over-year decline in supplemental funding associated with unduplicated pupils who are reclassified. Additionally, LEAs experiencing significant numbers of EL reclassifications because of this bill will also likely experience significant cost savings associated with no longer needing to provide English Language Development (ELD) resources to English proficient students.
- Minor and absorbable costs to CDE to implement required changes to the EL reclassification process.
- One-time General Fund cost pressures of an unknown but likely significant amount, possibly in the hundreds of thousands to low millions of dollars, for the Legislature to appropriate funding to CDE to contract for the development of content-aligned rubrics and sample alternative coursework and an evaluation of the effect of changes to the reclassification criteria established by this bill.
VOTES
ASM EDUCATION: 9-0-0
YES: Patel, Hoover, Alvarez, Bonta, Castillo, Garcia, Lowenthal, Pellerin, Zbur
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: April 15, 2026
CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0002729
Date of Hearing: May 13, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2555
Author:(Patel) – As Amended Ver:April 15, 2026
Policy Committee: | Education | Vote: | 9 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill revises a local educational agency’s (LEA) English learner (EL) reclassification determination process, effective July 1, 2027, to require reclassification of an EL pupil, with or without disabilities, to English proficient when the pupil demonstrates proficiency via an approved assessment and requires the California Department of Education (CDE) to record a student’s reclassification in the appropriate data system.
The bill also expands existing notification requirements upon LEAs regarding EL pupils and, subject to an appropriation, requires CDE to contract to develop alternate coursework rubrics and evaluation of the effects of the bill on the reclassification
FISCAL EFFECT:
- Potential Proposition 98 General Fund apportionment revenue loss of an unknown, potentially significant amount, likely in the millions of dollars of dollars annually, to LEAs, collectively statewide, associated with reduced supplemental Local Control Funding Formula (LCFF) funding for students no longer designated as EL.
LCFF includes additional supplemental funding based on an LEA’s percentage of unduplicated pupils (UPP), defined as EL, low-income, or foster youth, with pupils designated as more than one only counted once. According to CDE, the population of pupils who might no longer generate this supplemental funding due to reclassification is approximately 16,000 total statewide, out of about 3.8 million total unduplicated pupils. This is because 94% of EL students are also low-income. However, the LCFF calculates UPP as a three-year average of unduplicated pupils divided by an LEA’s total enrollment, which smooths any year-over-year decline in supplemental funding associated with unduplicated pupils who are reclassified. Additionally, LEAs experiencing significant numbers of EL reclassifications because of this bill will also likely experience significant cost savings associated with no longer needing to provide English Language Development (ELD) resources to English proficient students.
- Minor and absorbable costs to CDE to implement required changes to the EL reclassification process.
- One-time General Fund cost pressures of an unknown but likely significant amount, possibly in the hundreds of thousands to low millions of dollars, for the Legislature to appropriate funding to CDE to contract for the development of content-aligned rubrics and sample alternative coursework and an evaluation of the effect of changes to the reclassification criteria established by this bill.
COMMENTS:
- Purpose. According to the author:
California’s reclassification system was established in 1976 and has not materially changed since. Research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification. Research also shows that roughly half of all English learners who are not reclassified by the end of elementary school have scored proficient on the state’s assessment of English language proficiency. Research further shows significant gaps in reclassification rates by home language, with Spanish-speaking students significantly less likely to reclassify than other students. On average, it takes 226 days for a student who has scored proficient in English to reclassify, and many students score proficient for multiple years before they are reclassified. It is time for a comprehensive reform to this system. By streamlining the reclassification criteria, making reclassification automatic, better engaging parents, strengthening the monitoring of reclassified students, and reframing reclassification as a milestone on the path to biliteracy, AB 2555 will establish a coherent, consistent, efficient, and transparent reclassification system – one worthy of our students’ potential.
- Background. Current law establishes four criteria for the reclassification of English learners as fully English proficient. A teacher’s evaluation, language proficiency via an assessment, parental opinion and consultation, and comparison of a student’s performance against an empirically established range of performance in basic skills based upon the performance of an English proficient student of the same age. The EL classification is meant to be temporary, eventually leading to reclassification of a student as Fluent English Proficient. LEAs across the state have different criteria for reclassification of EL students within the criteria mentioned above. Some have rigorous reclassification standards and lower reclassification rates; others have high reclassification rates and more lenient standards. Many more fall in between.
The teacher’s evaluation can be useful in assessing language uses that are not easily measured using a standardized assessment, such as interactive language use with peers and language use during academic content learning. However, no tools or guidance are provided to teachers for the purpose of completing this evaluation. As a result, these evaluations can vary widely. Research also indicates measures not related to academic or English proficiency, such as behavior and attendance, are sometimes inappropriately incorporated into these evaluations.
In addition, current law requires CDE to conduct compliance monitoring of schools to ensure they are following laws with regard to the education of English learners. The CDE reports its most common compliance finding for English learners is “access to core subject matter,” which indicates that schools may not be providing ELs with sufficient access to core curriculum. This, among other things, leads to many ELs who demonstrate English proficiency but are not reclassified being at prolonged academic disadvantage relative to their peers.
This bill repeals the criteria for EL reclassification beyond a proficient score on an approved assessment and requires an LEA to ensure that a reclassified pupil’s instructional program reflects that the pupil is reclassified.
Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081
Discussed in Hearing
1MIN
Assembly Floor
1MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
11MIN
Senate Standing Committee on Education
1MIN
Assembly Floor
16MIN
Assembly Standing Committee on Education
Bill Author
Bill Co-Author(s):
