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AB-2711 Curriculum.(2001-2002)

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AB2711:v98#DOCUMENT

Amended  IN  Assembly  April 18, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2711

Introduced  by  Assembly Member Wyland

February 22, 2002

An act to add Section 51221.3 to amend Sections 305 and 310 of, and add Sections 312 and 51221.3 to, the Education Code, relating to public schools.


LEGISLATIVE COUNSEL'S DIGEST


AB 2711, as amended, Wyland. Social studies Curriculum.

Existing

(1) Existing law adopts minimum areas of study which a school district is required to offer for grades 7 to 12, inclusive, including, but not limited to, social sciences.
This bill would require that social science contain instruction regarding American foreign policy and international affairs, including, but not limited to, a component drawn from the personal testimony, where available. By requiring this new course offering, this bill would impose a state-mandated local program.
(2) Existing law, enacted at the June 2, 1998, primary election by Proposition 227, an initiative measure, requires in part that all children in California public schools be taught English by being taught in English, and provides for prescribed parental waivers.
The initiative measure provides that its provisions may be amended by a statute to further the act’s purpose passed by a 2/3 vote of each house of the Legislature and signed by the Governor.
This bill would amend the provisions of Proposition 227, to require the State Department of Education and school districts to monitor and enforce those provisions, to require parents to provide a written description of a legitimate educational reason for a waiver, to prohibit school districts from recruiting parents to sign requests for waivers, and to require all English learners to spend the first 30 days of each school year in English immersion if they are in bilingual classes with an approved waiver. The bill would declare that these changes further the purpose of Proposition 227. By establishing these new requirements, this bill would impose a state-mandated local program. The(3) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
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: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


Section 305 of the Education Code is amended to read:

305.
 (a) Subject to the exceptions provided in Article 3 (commencing with Section 310), all children in California public schools shall be taught English by being taught in English. In particular, this shall require that all children be placed in English language classrooms. Children who are English learners shall be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one year. Local schools shall be permitted to place in the same classroom English learners of different ages but whose degree of English proficiency is similar. Local schools shall be encouraged to mix together in the same classroom English learners from different native-language groups but with the same degree of English fluency. Once English learners have acquired a good working knowledge of English, they shall be transferred to English language mainstream classrooms. As much as possible, current supplemental funding for English learners shall be maintained, subject to possible modification under Article 8 (commencing with Section 335) below.
(b) The State Department of Education and school districts shall monitor and enforce this section.

Section 310 of the Education Code is amended to read:

310.
 The requirements of Section 305 may be waived with the prior written informed consent, to be provided annually, of the child’s parents or legal guardian under the circumstances specified below and in Section 311. Such informed consent shall require that said parents or legal guardian personally visit the school to apply for the waiver and that they there be provided a full description of the educational materials to be used in the different educational program choices and all the educational opportunities available to the child. Parents shall provide a written description of a legitimate educational reason for a waiver. School districts shall not recruit parents to sign requests for waivers. Under such parental waiver conditions, children may be transferred to classes where they are taught English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law. Individual schools in which 20 pupils or more of a given grade level receive a waiver shall be required to offer such a class; otherwise, they must allow the pupils to transfer to a public school in which such a class is offered.

SEC. 3.

 Section 312 is added to the Education Code, to read:

312.
 All English learners shall spend the first 30 days of each school year in English immersion if they are in bilingual classes with an approved waiver.

Section 51221.3 is added to the Education Code, to read:

51221.3.
 Instruction in the area of social sciences as required pursuant to subdivision (b) of Section 51220 shall contain instruction regarding the subjects of American foreign policy and international affairs. This instruction shall include, but shall not be limited to, a component drawn from the personal testimony, where available, of persons who were directly involved in the formation of the foreign policy or in the management of the international affairs being studied.

SEC. 2.

SEC. 5.

 The Legislature finds and declares that the changes to Chapter 3 (commencing with Section 300) of Part 1 of the Education Code as set forth in this act further the purposes of Proposition 227 in accordance with of Section 335 of the Education Code.

SEC. 6.

 Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.