Bill Text: CA AB1988 | 2011-2012 | Regular Session | Amended
Bill Title: Pupils: instructional materials: African American
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB1988 Detail]
Download: California-2011-AB1988-Amended.html
BILL NUMBER: AB 1988 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Davis
FEBRUARY 23, 2012
An act to add Chapter 7.5 (commencing with Section 52190)
to Part 28 of Division 4 of Title 2 of amend Sections
60204 and 60207 of the Education Code, relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 1988, as amended, Davis. Pupils: English learners.
instructional materials: African American vernacular
English.
Existing law requires the State Board of Education to adopt basic
instructional materials for use in kindergarten and grades 1 to 8,
inclusive, and authorizes the state board to establish criteria for
that purpose. Existing law requires the Instructional Quality
Commission to recommend to the state board curriculum frameworks and
criteria for evaluating instructional materials submitted for
adoption by the state board. Under existing law, the commission is
required to include in the criteria for English language arts
instructional materials directions to publishers to incorporate
instructional strategies to address the needs of English learners at
every grade level, as specified.
Existing law requires the Academic Content Standards Commission to
develop internationally benchmarked academic content standards, at
least 85% of which are required to be the common core academic
standards developed by the Common Core State Standards Initiative
consortium or another specified interstate collaboration. Existing
law requires the state board to adopt revised curriculum frameworks
and evaluation criteria that are aligned to the common core academic
content standards developed by the consortium and adopted by the
state board for mathematics and English language arts no later than
May 30, 2013, and May 30, 2014, respectively. Existing law requires
that the state board policies ensure that the English language arts
curriculum frameworks and instructional materials for specified
grades include, among other things, English language development
strategies in the core subjects of mathematics, science, and
history-social science.
This bill would require that the state board policies ensure that
the English language arts curriculum framework for kindergarten and
grades 1 to 12, inclusive, and instructional materials for
kindergarten and grades 1 to 8, inclusive, include strategies to
address the language and literacy needs of pupils who use African
American vernacular English. The bill would also require the
Instructional Quality Commission to include in the criteria for
evaluating English language arts instructional materials directions
to publishers to incorporate instructional strategies to address the
language and literacy needs of pupils who use African American
vernacular English, at every grade level and subject.
(1) Existing law, which is inoperative, defines "pupils of limited
English proficiency" as those who do not have the clearly developed
English language skills of comprehension, speaking, reading, and
writing necessary to receive instruction only in English at a level
substantially equivalent to pupils of the same age or grade whose
primary language is English. 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 of those pupils upon initial enrollment in order to determine
the level of proficiency of those pupils, and thereafter to assess
each of those pupils annually until the pupil is redesignated as
English proficient.
The inoperative Chacon-Moscone Bilingual-Bicultural Education Act
of 1976 contains provisions regarding the identification criteria and
allocation formulas that existing law requires to be used for
funding purposes. One of the inoperative provisions requires a school
district to ascertain the total number of pupils of limited English
proficiency within the district and classify them according to their
primary language, age, and grade level. This count is known as the
"census of pupils of limited English proficiency," and consists of a
determination of the primary language of each pupil enrolled in the
school district and an assessment of the language skills of all
pupils whose primary language is other than English. Another of the
inoperative provisions requires a school district to report annually
to the State Department of Education certain information regarding
English learners.
This bill would define "standard English learners" as pupils of
limited English proficiency whose primary language is English and who
come from home environments where the absence of standard English or
academic English spoken by their parents or primary caregivers has a
significant impact on their level of English language proficiency.
The bill would require a school district to complete a "census of
pupils of limited standard English proficiency" that would consist in
part of a determination of the standard English proficiency of these
pupils and an assessment of their English language skills. The bill
would require the results of this census to be reported to the State
Department of Education, which would report this information to the
State Board of Education along with the specialized learning programs
in which those pupils are enrolled. The bill would require a school
district to establish the length of instructional time for mainstream
English language development. The requirements regarding the census,
assessments, and length of instructional time for mainstream English
language development would impose a state-mandated local program on
school districts.
The bill would require the Superintendent of Public Instruction to
review all existing English language development tests that assess
the academic English language development of pupils and to determine
if any meet specified requirements. If no suitable test exists, the
bill would authorize the Superintendent, with approval of the state
board, to contract to modify an existing test to meet the specified
requirements. The bill would require the test to be used to identify
pupils whose primary or home language is English and who are limited
English proficient and to assess their progress in acquiring the
skills of listening, reading, speaking, and writing academic English.
The bill would authorize the governing board of a school district
to consider the use of any standards-based, culturally and
linguistically responsive structured English language development
instructional materials in reading, writing, speaking, and listening
if the district documents the lack of available and appropriate
materials, personnel, and training programs to address, at every
grade level, the needs of all standard English learners. The bill
would require the department to maintain a list of available English
language development curriculum materials to ensure that school
districts are provided with as many high-quality standards-aligned
instructional material options as possible. The bill would authorize
a school district to request an instructional materials waiver, and
would require the waiver request to be signed by the chairperson of
the English language arts committee of the school district.
The bill would authorize the department to use specified funds to
implement this act.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60204 of the
Education Code is amended to read:
60204. The Instructional Quality Commission established pursuant
to Section 33530 shall do all of the following:
(a) Recommend curriculum frameworks to the state board.
(b) Develop criteria for evaluating instructional materials
submitted for adoption so that the materials adopted shall adequately
cover the subjects in the indicated grade or grades and comply with
the provisions of Article 3 (commencing with Section 60040) of
Chapter 1. The criteria developed by the commission shall be
consistent with the duties of the state board pursuant to Section
60200. The criteria shall be public information and shall be provided
in written or printed form to any person requesting that
information.
(1) The criteria for English language arts instructional materials
shall include directions to publishers to align both lessons and
teacher's editions, as appropriate, with English language development
standards and incorporate strategies to address, at every grade
level, the needs of all English learners. The criteria for other
subject areas shall include directions to publishers to incorporate
strategies for English learners that are consistent with the English
language development standards.
(2) The criteria also shall include directions to publishers to
incorporate instructional strategies to address the needs of pupils
with disabilities in both lessons and teacher's editions, as
appropriate, at every grade level and subject.
(3) The criteria for English language arts instructional materials
shall include directions to publishers to incorporate instructional
strategies to address the language and literacy needs of pupils who
use African American vernacular English, in both lessons and teacher'
s editions, as appropriate, at every grade level and subject.
(c) Study and evaluate instructional materials submitted for
adoption.
(d) Recommend instructional materials for adoption to the state
board.
(e) Recommend to the state board policies and activities to assist
the department and school districts in the use of the curriculum
framework and other available model curriculum materials for the
purpose of guiding and strengthening the quality of instruction in
the public schools.
(f) Advise and make recommendations to the state board, including,
but not limited to, what policies and activities are needed to
implement the state's academic content standards, and bring the state'
s curriculum frameworks, instructional materials, professional
development programs, pupil assessments, and academic accountability
systems into alignment with those standards.
SEC. 2. Section 60207 of the Education
Code is amended to read:
60207. (a) Notwithstanding Section 60200.7, the state board shall
adopt revised curriculum frameworks and evaluation criteria that are
aligned to the content standards adopted pursuant to Section 60605.8
for mathematics and English language arts no later than May 30,
2013, and May 30, 2014, respectively.
(b) State board policies shall ensure that the English language
arts curriculum frameworks for kindergarten and grades 1 to 12,
inclusive, and instructional materials for kindergarten and grades 1
to 8, inclusive, include the English language development standards
as adopted by the state board in 1997 and revised thereafter, and
English language development strategies in the core subjects of
mathematics, science, and history-social science.
(c) State board policies shall ensure that curriculum frameworks
for kindergarten and grades 1 to 12, inclusive, and instructional
materials for kindergarten and grades 1 to 8, inclusive, include
strategies to address the needs of pupils with disabilities in the
four core subjects of mathematics, science, history-social science,
and English language arts.
(d) State board policies shall ensure that the English language
arts curriculum frameworks for kindergarten and grades 1 to 12,
inclusive, and instructional materials for kindergarten and grades 1
to 8, inclusive, include strategies to address the language and
literacy needs of pupils who use African American vernacular English.
(d)
(e) Each curriculum framework that the state board
adopts shall describe, to the extent the state board deems
appropriate, the manner in which content can be delivered to
intentionally build all of the following skills into and across each
content area:
(1) Creativity and innovation, including, but not limited to,
thinking creatively, working creatively with others, and implementing
innovations.
(2) Critical thinking and problem solving, including, but not
limited to, reasoning effectively, using systems thinking, making
judgments and decisions, and solving problems.
(3) Collaboration, including, but not limited to, working
effectively in diverse teams, adapting to change and being flexible,
demonstrating initiative and self-direction, working independently,
demonstrating productivity and accountability, and demonstrating
leadership and responsibility.
(4) Communication, including, but not limited to, communicating
clearly and effectively through reading, writing, and speaking.
(5) Construction and exploration of new understandings of
knowledge through the integration of content from one subject area to
another and to provide pupils with multiple modes for demonstrating
innovative learning.
SECTION 1. It is the intent of the Legislature
to accomplish all of the following:
(a) Shine a spotlight on the achievement gap and allow for schools
and school districts to provide locally tailored solutions that
accelerate learning for standard English learners while increasing
academic achievement for all pupils.
(b) Provide a high-quality English language development assessment
for standard English learners that is aligned to the California
common core state standards and to support the development and use of
high-quality assessments that are aligned with college- and
career-ready standards to better determine whether pupils have
acquired the academic skills they need for success. The diagnostic
assessment system will better capture skills, provide more accurate
measures of pupil growth, and better inform classroom instruction to
respond to academic needs.
(c) Provide for an initial assessment of standard English language
development to help identify pupils as standard English learners who
need to develop their skills in the following domains of English
language development: listening, speaking, reading, and writing.
(d) Provide for an annual standard English language development
assessment to be given to pupils who are classified as English only
but identified as standard English learners to see how well they are
developing their listening, speaking, reading, and writing skills in
English. The results of the annual standard English language
development assessment will be used, along with other information, to
help monitor each pupil's progress toward language proficiency in
standard English.
(e) Provide flexibility by supporting state and local innovation
aimed at increasing the quality of instruction and improving pupil
achievement and the opportunity to innovate and develop locally
tailored solutions to the unique cultural and linguistic challenges
of every school district, school, and pupil.
(f) Provide schools with achievement gaps the ability to adopt
research-based, culturally responsive interventions to close the gap
while increasing overall pupil achievement, ensuring the success of
all pupils, especially those who are farthest behind.
SEC. 2. (a) The Legislature recognizes that
existing curricular tools may not be sufficient or are inadequate in
promoting the academic success of standard English learners and that
this population of pupils needs more direct instruction or explicit
support to address the academic challenges that often emerge as a
result of their home language differences.
(b) The Legislature recognizes that for English language arts
there may be a shortage of structured mainstream English language
development textbooks, curriculum, and culturally responsive teacher
training programs to meet the academic needs of standard English
learners.
(c) The Legislature recognizes that educators need specific
training to build more capacity to adjust instruction to meet the
needs of standard English learners.
(d) Therefore, it is the intent of the Legislature to provide
curriculum flexibility to school districts.
SEC. 3. Chapter 7.5 (commencing with Section
52190) is added to Part 28 of Division 4 of Title 2 of the Education
Code, to read:
CHAPTER 7.5. LIMITED-ENGLISH-PROFICIENT PUPILS WHOSE PRIMARY
LANGUAGE IS ENGLISH
52190. Unless the context otherwise requires, the definitions set
forth in this section shall govern the construction of this chapter.
(a) "Basic skills" means mathematics and language arts, including,
but not limited to, reading, writing, speaking, and listening.
(b) "Content standards" or "California common core standards"
means the specific academic knowledge, skills, and abilities that all
public schools in this state are expected to teach and all pupils
are expected to learn in each of the core curriculum areas, at each
grade level tested.
(c) "Curriculum" means an outline of the components of a given
course of study designed to provide state direction to school
districts in the provision of instructional programs.
(d) "Standard English language development assessment" means
assessments of the current level of proficiency of a pupil that
serves both of the following purposes:
(1) The identification of particular academic standards or skills
a pupil has or has not yet achieved.
(2) The identification of possible reasons that a pupil has not
yet achieved particular academic standards or skills.
(e) "District board" means the governing board of a school
district.
(f) "Instructional materials" means all materials that are
designed for use by pupils and their teachers as a principal learning
resource and to help pupils to acquire facts, skills, or opinions or
to develop cognitive processes. Instructional materials may be
printed or nonprinted, and may include textbooks, technology-based
materials, other educational materials, and tests.
(g) "Primary or home language" is the language the pupil first
learned or the language that is spoken in the pupil's home.
(h) "Standard English learners" means pupils of limited English
proficiency whose primary language is English but reflects a unique
cultural and linguistic history. Though their native historical
language is not English and they are classified as English only,
these pupils enter school with limited academic or standard English
proficiency. They come from home environments where the absence of
standard English or academic English spoken by their parents or
primary caregivers has a significant impact on their level of English
language proficiency. Their challenge in speaking, reading, writing,
or understanding standard English language structure may deny these
individuals the ability to meet California's proficient level of
achievement on annual content standards tests. The determination of
which pupils are pupils of limited academic English proficiency shall
be made in accordance with the procedures specified in Section
52196.
52191. (a) Each school district shall ascertain not later than
the first day of March of each year the total number of pupils of
limited standard English proficiency, whose primary language is
English, as defined in Section 52190, within the district, and shall
classify them according to their primary language, age, and grade
level. This count shall be known as the "census of pupils of limited
standard English proficiency," and shall consist of a determination
of the standard English proficiency of each pupil enrolled in the
school district and an assessment of the English language skills of
all pupils whose primary language is English.
(b) The census shall be taken by individual, actual count, and not
by estimates or samplings. All pupils of limited standard English
proficiency and special education pupils shall be counted. Special
language assessment instruments, designated by the Superintendent and
in compliance with the requirements of subdivision (j) of Section
56001, may be used for special education pupils who are standard
English learners. The results of this census shall be reported to the
department not later than April 30 of each year. The previous census
shall be updated to include new enrollees and to eliminate pupils
who are no longer pupils of limited English proficiency and pupils
who no longer attend school in the district, and shall be reported
pursuant to Section 52192.
52192. The Superintendent, with the approval of the state board,
shall prescribe census-taking methods, applicable to all school
districts in the state, which shall include, but need not be limited
to, the following:
(a) An initial assessment or determination of the primary or home
language of each pupil enrolled in the school district. The primary
or home language of new pupils shall be determined as they enroll.
Once determined, the primary or home language need not be
redetermined unless the parent or guardian claims there is an error.
Home language determinations are required only once, unless the
results are disputed by a parent or guardian.
(b) An annual assessment of the level of academic English language
development of all pupils whose primary language is English. The
speaking, reading, writing, and comprehension of the English language
structure shall be assessed, except that reading and writing skills
need not be assessed for pupils in kindergarten and grades 1 and 2.
For those pupils who, on the basis of oral language proficiency
alone, are clearly limited English proficient, assessment of reading
and writing skills shall be necessary only to the extent required by
subdivision (c). This assessment, which shall be made as pupils
enroll in the district, shall determine the level of academic English
proficiency for each pupil.
(c) (1) The initial assessment process shall be completed within
90 days after the date of the pupil's initial enrollment, and shall
be performed in accordance with rules and regulations adopted by the
state board.
(2) The department shall conduct an equivalency study of all
language proficiency tests designated for the identification of
pupils of limited English proficiency to ensure uniformity of
language classifications and to ensure the reliability and validity
of the tests. Tests, materials, and procedures to determine
proficiency shall be selected to meet psychometric standards and
administered so as not to be racially, culturally, or sexually
discriminatory.
(3) The department shall annually evaluate the adequacy of, and
designate, the instruments to be used by school districts, and these
instruments shall be available by March 15 of each year.
(4) The assessments shall be conducted by persons who are
adequately trained and prepared to evaluate cultural and ethnic
factors, and who shall follow procedures formulated by the
Superintendent to determine which pupils are pupils of limited
standard English proficiency, as defined in Section 52190. A school
district may require that the assessment be conducted by persons who
hold a valid, regular California teaching credential and who meet the
other qualifications specified in this paragraph.
52193. The department shall review the results of the census each
year. If the information provided by a school district appears to be
inaccurate or if parents, teachers, or counselors file a formal
written complaint that the census is inaccurate, the department shall
audit the district's census. If the department concludes that the
census was incorrectly taken, or the results appear to be inaccurate,
the department shall require another census to be taken and the
corrected information to be provided.
52194. Pertinent information from the initial assessment of
primary or home languageand annual assessment of the level of
academic English development for each pupil whose primary language is
English shall be retained by the school district as long as the
pupil is enrolled in the district. Each school district shall report
annually to the department, and the department shall report to the
state board, the following data:
(a) The number of pupils whose primary or home language is
English.
(b) The number of pupils who are of limited English proficiency.
(c) The number of pupils whose primary language is English and who
are enrolled in classes, including, but not limited to, specialized
learning programs similar to English language mainstream.
(d) The number of pupils who have met the language
reclassification criteria for exit criteria pursuant to Section
52195.
52195. (a) The length of instructional time for mainstream
English language development shall be established by each school
district in which pupils of limited English proficiency are enrolled.
(b) The state board shall adopt regulations setting forth
standards for mainstream English language development to be adopted
by school districts. The state board's regulations, at a minimum,
shall prescribe an assessment process that utilizes multiple criteria
as required by this section.
(c) In following the state board's regulations, each school
district shall establish criteria for determining when pupils of
limited English proficiency have developed the academic English
language skills of listening, speaking, reading, and writing
necessary to succeed in a regular instructional setting.
52196. (a) (1) The Superintendent shall review all existing tests
that assess the academic English language development of pupils. The
tests shall include, but not be limited to, an assessment of the
English language proficiency of these pupils in reading, writing,
speaking, and listening. The Superintendent shall determine which
tests, if any, meet the requirements of subdivisions (b) and (c). If
any existing test or series of tests meet these criteria, the
Superintendent, with approval of the state board, shall report to the
Legislature on its findings and recommendations.
(2) If no suitable test exists, the Superintendent shall explore
the option of a collaborative effort with other states to develop a
test or series of tests and share test development costs. If no
suitable test exists, the Superintendent, with approval of the state
board, may contract to develop a test or series of tests that meet
the criteria of subdivisions (b) and (c) or may contract to modify an
existing test or series of tests so that it will meet the
requirements of subdivisions (b) and (c).
(3) The Superintendent and the state board shall release a request
for proposals for the development of the test or series of tests
required by this subdivision. The state board shall select a
contractor or contractors for the development of the test or series
of tests required by this subdivision, to be available for
administration during the 2013-14 school year.
(4) The Superintendent shall apportion funds appropriated to
enable school districts to meet the requirements of subdivision (d).
The state board shall establish the amount of funding to be
apportioned per test administered, based on a review of the cost per
test.
(5) An adjustment to the amount of funding to be apportioned per
test is not valid without the approval of the Director of Finance. A
request for approval of an adjustment to the amount of funding to be
apportioned per test shall be submitted in writing to the Director of
Finance and the chairpersons of the fiscal committees of both houses
of the Legislature with accompanying material justifying the
proposed adjustment. The Director of Finance is authorized to approve
only those adjustments related to activities required by statute.
The Director of Finance shall approve or disapprove the amount within
30 days of receipt of the request and shall notify the chairpersons
of the fiscal committees of both houses of the Legislature of the
decision.
(b) (1) The test or series of tests developed or acquired pursuant
to subdivision (a) shall have sufficient range to assess pupils in
grades 2 to 12, inclusive, in English listening, speaking, reading,
and writing skills. Pupils in kindergarten and grade 1 shall be
assessed in English listening and speaking, once an assessment is
developed. The early language development assessment shall be
administered for a period of three years beginning after the initial
administration of the assessment or until July 1, 2013, whichever
occurs first. Six months after the results of the last administered
assessment are collected, but no later than January 1, 2014, the
department shall report to the Legislature on the administration of
the kindergarten and grade 1 early language development assessment
results, as well as on the administrative process, in order to
determine the appropriate length of instructional time for mainstream
English language development.
(2) In the development and administration of the assessment for
pupils in kindergarten and grade 1, the department shall minimize any
additional assessment time, to the extent possible. To the extent
that it is technically possible, items that are used to assess
listening and speaking shall be used to measure early language
development skills. The department shall ensure that the test and
procedures for its administration are age and developmentally
appropriate. Age and developmentally appropriate procedures for
administration may include, but are not limited to, one-on-one
administration, a small group setting, and orally responding or
circling a response to a question.
(c) The test or series of tests shall meet all of the following
requirements:
(1) Provide sufficient information about pupils at each grade
level to determine levels of English proficiency ranging from no
English proficiency to fluent English proficiency with at least two
intermediate levels.
(2) Be deemed nonbiased and adequately reliable and valid by
culturally responsive experts and technical experts.
(3) Be capable of administration to pupils with English as a
primary language.
(4) Be capable of administration by classroom teachers.
(5) Yield scores that allow comparison of the growth of a pupil
over time, can be tied to readiness for various instructional
options, and can be aggregated for use in the evaluation of program
effectiveness.
(6) Not discriminate on the basis of race, ethnicity, or gender.
(7) Be aligned with California common core standards for English
language arts adopted by the state board.
(8) Be age and developmentally appropriate for pupils.
(d) The test shall be used for the following purposes:
(1) To identify pupils whose primary or home language is English
and who are limited English proficient.
(2) To assess the progress of standard English learners in
acquiring the skills of listening, reading, speaking, and writing in
academic English.
(e) (1) A pupil in any of grades 3 to 12, inclusive, shall not be
required to retake those portions of the test that measure English
language skills for which he or she has previously tested as advanced
within each appropriate grade span, as determined by the department
in accordance with paragraph (8) of subdivision (c).
(2) Notwithstanding paragraph (1), a pupil in any of grades 10 to
12, inclusive, shall not be required to retake those portions of the
test that measure English language skills for which he or she has
previously tested as early advanced or advanced.
(3) This subdivision shall 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.
52197. A district board may consider the use of any
standards-based, culturally and linguistically responsive structured
English language development instructional materials in reading,
writing, speaking, and listening if a district documents the lack of
available and appropriate materials, personnel, and training programs
to address, at every grade level, the needs of all standard-English
learners. The department shall maintain a list of available English
language development curriculum materials consistent with English
language development standards and teacher training programs to
ensure that school districts are provided with as many high-quality
standards-aligned instructional material options as possible, so that
educators may have many rigorous options in choosing the best
materials that meet the needs of all pupils, including standard
English learners, English learners, and pupils with disabilities, and
that ensure that their pupils are able to master the academic
content standards adopted by the state board pursuant to Section
60605.8. If necessary, an instructional materials waiver can be
requested. The waiver is renewable yearly. Each waiver request shall
be signed by the chairperson of the English language arts committee
of the school district.
52198. The department shall use federal carryover funds received
pursuant to Title I of the federal No Child Left Behind Act of 2001
(20 U.S.C Sec. 6301 et seq.), and any other available state and
federal funds, to implement this chapter.
SEC. 4. 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.
