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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-16</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Patel</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Patel</ns0:Name>
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<ns0:Title> An act to amend and renumber Section 313.3 of, to amend, repeal, and add Section 313 of, and to add Sections 313.3, 313.4, 313.6, 313.7, 313.8, and 313.9 to, the Education Code, relating to English learners.</ns0:Title>
<ns0:RelatingClause>English learners</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>English learners: reclassification.</ns0:Subject>
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<html:p>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 pupil’s 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.</html:p>
<html:p>This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.</html:p>
<html:p>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 pupil’s 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 pupil’s instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupil’s 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 pupil’s 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 pupil’s 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.</html:p>
<html:p>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 pupil’s academic success and appropriate interventions for pupils who need additional support for the English language to progress academically. Commencing with the 2027–28 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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_4A4F8D96-F59C-4721-B143-6B3175CCAD68">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
California’s 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. California’s system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
California’s 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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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 pupil’s English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Many of California’s 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.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
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 state’s assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
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 children’s language development.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature to reform the state’s 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.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 313 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>313.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
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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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Teacher evaluation, including, but not limited to, a review of the pupil’s curriculum mastery.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Parental opinion and consultation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, “initial enrollment” does not include enrollment in a transitional kindergarten program.
</html:p>
<html:p>
(i)
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This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 313 is added to the
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, to read:
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<ns0:Num>313.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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 state’s standardized entry and exit procedures.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the initial enrollment of a pupil occurs on a date outside of the
testing period identified pursuant to paragraph (1), the prior year’s annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The assessments conducted
pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, “initial enrollment” does not include enrollment in a transitional kindergarten program.
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<html:p>
(i)
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This section shall become operative on July 1, 2027.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 313.3 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended and renumbered to read:
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(a)
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On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupil’s English language proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The protocol shall be designed to be used by teachers to evaluate a pupil’s use of English while engaging in academic content learning, including interactive language use with peers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the protocol additionally be useful to all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Teachers, as a formative assessment tool for purposes of supporting pupils’ progress toward proficiency in English during the school year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Teachers’ discussions with parents regarding pupils’ progress toward English language proficiency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Institutions of higher education in the
preparation of new teachers.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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.
</html:p>
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<ns0:BillSection id="id_2D844A2C-3B2E-4C52-A4F6-376352AC3AE1">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 313.3 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_274F043B-2EE0-4577-82E0-FF7EF57B1E97">
<ns0:Num>313.3.</ns0:Num>
<ns0:LawSectionVersion id="id_27EB03DB-100C-4F14-9DFD-472FA4291FF7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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 pupil’s parent or guardian in a clear, concise, and comprehensible manner, and if applicable, translated into the parent or guardian’s primary language pursuant to Section 48985, all of the following information regarding the parent or guardian’s child:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Their child has been classified as an English learner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
California’s 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. California’s schools value the culture and language that their child brings to their education.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Their child is entitled to special support in order to help them learn English and succeed in school.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2027.
</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B93C72D5-9C2B-46E4-81F9-8B41CD8E3C59">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 313.4 is added to the
<ns0:DocName>Education Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 313.3</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_15B1A3D8-8CBC-470F-8FC4-A0D7BD8AD9C9">
<ns0:Num>313.4.</ns0:Num>
<ns0:LawSectionVersion id="id_8FE5749B-D065-43F6-8E8B-24CE4066CC57">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Ensure that the pupil’s 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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Communicate to the pupil’s parent or guardian, and if applicable, translated into the parent or guardian’s primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupil’s potential opportunity to earn the State Seal of Biliteracy.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Local educational agencies are encouraged to recognize a pupil and the pupil’s family for the pupil’s 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has used all test accommodations and any domain exemptions required by the pupil’s individualized education program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Has failed to achieve the score required by the state board for purposes of reclassification.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2027.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5744F553-EF9C-4686-BF56-1B012C22B5EE">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 313.6 is added to the
<ns0:DocName>Education Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 313.5</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B5A167D7-5B49-4640-9802-0B95178E047B">
<ns0:Num>313.6.</ns0:Num>
<ns0:LawSectionVersion id="id_ECEB8DA2-1C32-4182-AC97-495A83D18952">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupil’s progress to ensure all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The pupil does not fail to progress academically because of insufficient proficiency in English.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any
academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
On or before January 1, 2028, the state board shall identify both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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 pupil’s academic success.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Appropriate interventions for pupils who are determined, pursuant to paragraph
(1), as needing additional support for their English language in order to progress academically.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2027.
</html:p>
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</ns0:Fragment>
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<ns0:BillSection id="id_52410DC0-C12C-4AC3-9615-CB8E6C115F70">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 313.7 is added to the
<ns0:DocName>Education Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 313.6</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9D970950-B79D-4BE1-8A40-B0C584DEFAD9">
<ns0:Num>313.7.</ns0:Num>
<ns0:LawSectionVersion id="id_76DC33D1-3F29-47BA-9181-EDBF84AE944C">
<ns0:Content>
<html:p>Commencing with the 2027–28 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:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The reclassification rates of each school district, county office of education, and charter school.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_EF77109C-FFDC-4088-B895-D43D76604506">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 313.8 is added to the
<ns0:DocName>Education Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 313.7</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C360F1B6-96B9-4C20-AAEA-13D8C4791416">
<ns0:Num>313.8.</ns0:Num>
<ns0:LawSectionVersion id="id_D6E8E0A3-7CEB-4CD7-A4C1-64562BC49FFC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8D2DA140-6977-45B5-A972-8DF887E57C56">
<ns0:Num>SEC. 10.</ns0:Num>
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Section 313.9 is added to the
<ns0:DocName>Education Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 313.8</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3A39632A-4589-4A35-B6C3-7DADA95428F0">
<ns0:Num>313.9.</ns0:Num>
<ns0:LawSectionVersion id="id_A8A9A68A-3ECC-437E-BB25-0A880BBB2199">
<ns0:Content>
<html:p>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 2025–26 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:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The longitudinal achievement of English
learner pupils in English language arts and mathematics, including pre- and post-reclassification.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The administration of reclassification procedures at the local level.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Engagement of parents in their children’s education and understanding of English learner status and the reclassification process.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Achievement of biliteracy, including receiving the State Seal of Biliteracy.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Reclassification of English learners with disabilities.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The monitoring practices of school districts, county offices of education, and charter schools.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The quality of English language development instruction for English learners.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_EF32DFDC-751A-4744-B470-060F2A3ED71C">
<ns0:Num>SEC. 11.</ns0:Num>
<ns0:Content>
<html:p>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.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
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