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 State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient.

Existing law requires the summative assessment to be conducted annually during a 4-month period after January 1 determined by the Superintendent with the approval of the state board and the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires that those provisions not be implemented unless and until the department receives written documentation from the United States Department of Education that implementation is permitted by federal law or until the 2013–14 school year, whichever occurs later.

This bill would delete the latter-described provision.