Article 3.5. English Language Proficiency Assessment of California Education Code >> Division 1. >> Title 1. >> Part 1. >> Chapter 3. >> Article 3.5.
(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 2000-01 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 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 2013-14
school year, whichever occurs later.
(2) The assessment shall be conducted annually during a period
that commences on the day upon which 55 percent of the instructional
year is completed through July 1 of that calendar year. Annual
assessments shall continue until the pupil is redesignated as English
proficient. The annual assessment shall primarily utilize 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.
(3) The assessment 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
year's 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.
(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 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 pupil's 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) This section shall remain in effect only until the
Superintendent reports to the appropriate policy committees of the
Legislature pursuant to paragraph (2) of subdivision (h) of Section
60810 as added by the chapter that added this subdivision during the
2013-14 Regular Session, and as of January 1 of the following year,
this section is repealed.
(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 2000-01 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 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 2013-14
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 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
year's 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 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 pupil's 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) This section shall become operative when the Superintendent
reports to the appropriate policy committees of the Legislature
pursuant to paragraph (2) of subdivision (h) of Section 60810 as
added by the chapter that added this subdivision during the 2013-14
Regular Session.
For purposes of this article, the following terms have the
following meanings:
(a) (1) "Long-term English learner" means an English learner to
which all of the following apply:
(A) Is enrolled in any of grades 6 to 12, inclusive.
(B) Has been enrolled in schools in the United States for six
years or more.
(C) Has remained at the same English language proficiency level
for two or more consecutive prior years, or has regressed to a lower
English language proficiency level, as determined by the English
language development test identified or developed pursuant to Section
60810, or a score determined by the Superintendent on any successor
test.
(D) For a pupil in any of grades 6 to 9, inclusive, has scored far
below basic or below basic on the prior year's English language arts
standards-based achievement test administered pursuant to Section
60640, or a score determined by the Superintendent on any successor
test.
(2) A pupil for which the required testing results are not
available for either subparagraph (C) or (D) of paragraph (1) shall
not have that criteria applied and such pupil shall not be excluded
based on that criteria.
(b) (1) "English learner at risk of becoming a long-term English
learner" means an English learner to which all of the following
apply:
(A) Is enrolled in any of grades 3 to 12, inclusive.
(B) Has been enrolled in schools in the United States for four to
five years.
(C) Has scored at the intermediate level or below on the prior
year's English language development test identified or developed
pursuant to Section 60810, or a score determined by the
Superintendent on any successor test.
(D) For a pupil in any of grades 3 to 9, inclusive, has scored in
the fourth or fifth year at the below basic or far below basic level
on the prior year's English language arts standards-based achievement
test administered pursuant to Section 60640, or a score determined
by the Superintendent on any successor test.
(2) A pupil for which the required testing results are not
available for either subparagraph (C) or (D) of paragraph (1) shall
not have that criteria applied and such pupil shall not be excluded
based on that criteria.
(3) The Superintendent is encouraged to revisit a score determined
for any successor test pursuant to subparagraphs (C) and (D) of
paragraph (1) of subdivision (a) and subparagraphs (C) and (D) of
paragraph (1) of this subdivision after three years of assessment
data on the successor test.
(a) The department shall annually ascertain the number of
pupils in each school district and school, including a school that is
within the jurisdiction of a county office of education and a
charter school, who are, or are at risk of becoming, long-term
English learners, as those terms are defined in Section 313.1.
(b) The department shall annually provide the information
described in subdivision (a) to school districts and schools and post
on the department's Internet Web site the number of long-term
English learners and English learners at risk of becoming long-term
English learners in the state.
(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 department's 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.