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AB-480 California high school exit examination: Englishlearners: supplemental instruction.(2007-2008)

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Amended  IN  Assembly  May 01, 2007
Amended  IN  Assembly  April 10, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 480

Introduced  by  Assembly Member De Leon
 (Coauthor(s): Assembly Member Coto, Eng, Solorio)

February 20, 2007

An act to add Section 37255 to the Education Code, relating to supplemental instruction.


LEGISLATIVE COUNSEL'S DIGEST


AB 480, as amended, De Leon. California high school exit examination: Englishlearners: supplemental instruction.
Existing law requires, commencing with the 2003–04 school year, each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school.
Existing law requires the governing board of a school district maintaining any of grades 7 to 12, inclusive, and authorizes a charter school to offer supplemental instructional programs for pupils enrolled in those grades who do not demonstrate sufficient progress toward passing the high school exit examination. Pupils who do not possess sufficient English language skills to be assessed are required to be considered pupils who do not demonstrate sufficient progress towards passing the high school exit examination and are required to receive supplemental instruction designed to assist pupils to succeed on that examination. These supplemental instructional programs may be offered during the summer, before school, afterschool, on Saturday, or during intersession, or in any combination of summer, before school, afterschool, Saturday, or intersession instruction, but shall be in addition to the regular schoolday.
This bill would require the Superintendent of Public Instruction to invite providers of innovative programs for English learners to submit for approval proposals of programs designed to provide intensive intervention-focused supplemental instruction to English learners enrolled in grades 10 to 12, inclusive, who have not passed the high school exit examination. The bill would authorize a school district maintaining any of grades 9 to 12, inclusive, to apply to the Superintendent for funds to be used to contract with a provider of an approved intensive intervention-focused program. A program would be offered during the summer or during the intersession and would be required to provide between 60 and 100 hours of instruction depending on a pupil’s score on the California standards tests and high school exit examination.
The bill would require a school district contracting for the provision of a program to contract also for the provision of professional development to the teachers employed by the school district who are participating in the intensive intervention support program. The bill would provide that a school district would receive from $250 to $400 per pupil depending on the scores of eligible pupils on the California standards tests and high school exit examination.
The bill would make the implementation of its provisions contingent upon the appropriation of funds for its purposes in the annual Budget Act or other statute.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 37255 is added to the Education Code, to read:

37255.
 (a) The Superintendent shall invite providers of innovative programs for English learners to submit for approval proposals of programs designed to provide intensive intervention-focused supplemental instruction to English learners enrolled in grades 10 to 12, inclusive, who have not passed the high school exit examination. The Superintendent shall approve providers who may contract with school districts to provide an instructional program as set forth in this section. The Superintendent shall approve programs that adhere, to the greatest extent possible, to the English learner best practices currently being undertaken in California and that address a range of pupil achievement levels.
(b) A school district maintaining any of grades 9 to 12, inclusive, may apply to the Superintendent for funds to be used to contract with a provider of an approved intensive intervention-focused program.
(c) The following pupils are eligible to receive instruction provided pursuant to this section:
(1) A pupil identified as an English learner enrolled in grade 10, 11, or 12.
(2) A pupil identified as an English learner who has completed grade 9 is eligible to receive instruction provided pursuant to this section starting with the summer and intersession after completing grade 9.
(3) A pupil identified as an English learner who was enrolled in grade 12 during the prior school year is eligible to participate in a program during the summer or intersession immediately after completing grade 12.
(d) A program offered pursuant to this section shall be offered during the summer or during the intersession and provide the following hours of instruction:
(1) One hundred hours of instruction for pupils, identified as English learners, who score at the far below basic level on the most recent administration of the California standards tests or who scored below 300 on a prior administration of the high school exit examination.
(2) Eighty hours of instruction for pupils, identified as English learners, who score at the below basic level on the most recent administration of the California standards tests or who scored between 300 and 324 on a prior administration of the high school exit examination.
(3) Sixty hours of instruction for pupils, identified as English learners, who score at the basic level on the most recent administration of the California standards tests or who scored between 325 and 350 on a prior administration of the high school exit examination.
(e) Whenever possible, programs offered pursuant to this section shall be scheduled so that a pupil may take the high school exit examination at the conclusion of a program.
(f)  A school district teacher, principal, or superintendent shall recommend a pupil, identified as an English learner, for participation in a program offered pursuant to this section based on an analysis of the pupil’s performance on the California standards tests and the high school exit examination, except that pupils in grade 9 shall be recommended based on the California standards tests, and pupils in grade 12 shall be recommended based on whether or not they have passed the high school exit examination.
(g) A school district contracting for the provision of a program pursuant to this section shall also contract for the provision of professional development to the teachers employed by the school district who are participating in the intensive intervention support program.
(h) (1) From the funds appropriated for purposes of this section, the Superintendent shall apportion to school districts and charter schools the following amounts per eligible pupil:
(A) Four hundred dollars ($400) per pupil for pupils, identified as English learners, who score at the far below basic level on the most recent administration of the California standards tests or who scored below 300 on a prior administration of the high school exit examination.
(B) Three hundred twenty-five dollars ($325) per pupil for pupils, identified as English learners, who score at the below basic level on the most recent administration of the California standards tests or who scored between 300 and 324 on a prior administration of the high school exit examination.
(C) Two hundred fifty dollars ($250) per pupil for pupils, identified as English learners, who score at the basic level on the most recent administration of the California standards tests administers or who scored between 325 and 350 on a prior administration of the high school exit examination.
(2) The amount to be apportioned to school districts and charter schools per eligible pupil shall be increased annually by the percentage determined in paragraph (2) of subdivision (b) of Section 42238.1.
(i) The implementation of this section is contingent upon the appropriation of funds for its purposes in the annual Budget Act or other statute.