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SB-1145 Language arts: reading: diagnostic tools and plans.(2015-2016)

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SB1145:v98#DOCUMENT

Amended  IN  Senate  April 05, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 1145


Introduced by Senator Hueso
(Principal coauthor: Assembly Member Roger Hernández)

February 18, 2016


An act to amend Section 8482.3 of, and to add Chapter 15.5 (commencing with Section 53008) to Part 28 of Division 4 of Title 2 of, of the Education Code, relating to language arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1145, as amended, Hueso. Language arts: reading: assessments diagnostic tools and plans.
The Comprehensive Reading Leadership Program Act of 1996 authorizes county offices of education to apply to the State Board of Education to design a reading leadership program and develop materials that focus on reading skills, including phonics.
This bill would require the state board, on or before December 31, 2017, to develop a reading assessment identify formative reading diagnostic tools that can be used by the public schools to assess pupils pupils’ developmental levels of reading proficiency in grades 1 to 3, inclusive, in their ability to read proficiently by the end of grade 3. 3 and to post a list of those diagnostic tools on the department’s Internet Web site. The bill would require require, on or before the beginning of the 2018–19 school year, public schools that enroll pupils in these grades, grades 1 to 4, inclusive, and at which less than 50% of 4th grade pupils demonstrate proficiency on English language arts standards on the statewide assessment administered the previous school year, on or before the start of the 2018–19 school year, to ensure that each pupil’s reading competency proficiency is measured using at least one of the reading assessment. formative reading diagnostic tools identified above. The bill would require any pupil who has a significant reading deficiency, does not have an appropriate developmental reading level, as provided, to have a reading plan to be created in collaboration with the pupil’s parent and teacher. The bill would require the reading plan to have certain elements to be reviewed at least annually by the school and updated or revised as appropriate. By expanding the duties of a public school, the bill would create a state-mandated local program.

Existing law establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. Existing law requires each component of the program to have specified elements, including that the program have an educational and literacy element in which tutoring or homework assistance is offered in one or more specified areas.

This bill would require, if the program is designed for pupils in elementary school, that tutoring and homework assistance be instead offered in language arts.

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.
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: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 8482.3 of the Education Code is amended to read:
8482.3.

(a)The After School Education and Safety Program shall be established to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools.

(b)A program may operate a before school component of a program, an after school component, or both the before and after school components of a program, on one or multiple schoolsites. If a program operates at multiple schoolsites, only one application shall be required for its establishment.

(c)(1)Each component of a program established pursuant to this article shall consist of the following two elements:

(A)(i)An educational and literacy element in which tutoring or homework assistance is provided in one or more of the following areas: language arts, mathematics, history and social science, computer training, or science.

(ii)Notwithstanding clause (i), if the program is designed for pupils in elementary school, then tutoring and homework assistance shall be offered in language arts.

(B)An educational enrichment element that may include, but need not be limited to, fine arts, career technical education, recreation, physical fitness, and prevention activities.

(2)Notwithstanding any other provision of this article, the majority of the time spent by a pupil who is in kindergarten or any of grades 1 to 9, inclusive, and who is participating in a career technical education element of a program established pursuant to this article shall be at a site that complies with Section 8484.6.

(d)(1)Applicants shall agree that snacks made available through a program shall conform to the nutrition standards in Article 2.5 (commencing with Section 49430) of Chapter 9 of Part 27 of Division 4 of Title 2.

(2)Applicants shall agree that meals made available through a program shall conform to the nutrition standards of the United States Department of Agriculture’s at-risk afterschool meal component of the federal Child and Adult Care Food Program (42 U.S.C. Sec. 1766).

(e)Applicants for programs established pursuant to this article may include any of the following:

(1)A local educational agency, including, but not limited to, a charter school, the California School for the Deaf (northern California), the California School for the Deaf (southern California), and the California School for the Blind.

(2)A city, county, or nonprofit organization in partnership with, and with the approval of, a local educational agency or agencies.

(f)Applicants for grants pursuant to this article shall ensure that each of the following requirements is fulfilled, if applicable:

(1)The application documents the commitments of each partner to operate a program on that site or sites.

(2)The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site.

(3)Each partner in the application agrees to share responsibility for the quality of the program.

(4)The application designates the public agency or local educational agency partner to act as the fiscal agent. For purposes of this section, “public agency” means only a county board of supervisors or if the city is incorporated or has a charter, a city council.

(5)Applicants agree to follow all fiscal reporting and auditing standards required by the department.

(6)Applicants agree to incorporate into the program both of the elements required pursuant to subdivision (c).

(7)Applicants agree to provide information to the department for the purpose of program evaluation pursuant to Section 8483.55.

(8)Applicants shall certify that program evaluations will be based upon Section 8484 and upon any requirements recommended by the Advisory Committee on Before and After School Programs and adopted by the state board, in compliance with subdivision (g) of Section 8482.4.

(9)The application states the targeted number of pupils to be served by the program.

(10)Applicants agree to provide the following information on participating pupils to the department:

(A)Schoolday attendance rates.

(B)Program attendance.

(g)(1)Grantees shall review their after school program plans every three years, including, but not limited to, all of the following:

(A)Program goals. A grantee may specify any new program goals that will apply to the following three years during the grant renewal process.

(B)Program content, including the elements identified in subdivision (c).

(C)Outcome measures selected from those identified in subdivision (a) of Section 8484 that the grantee will use for the next three years.

(D)Any other information requested by the department.

(E)If the program goals or outcome measures change as a result of this review, the grantee shall notify the department in a manner prescribed by the department.

(F)The grantee shall maintain documentation of the after school program plan for a minimum of five years.

(2)The department shall monitor this review as part of its onsite monitoring process.

SEC. 2.SECTION 1.

 Chapter 15.5 (commencing with Section 53008) is added to Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER  15.5. Golden State Reading Guarantee

53008.
 (a) The Legislature finds and declares all of the following:
(1) Reading proficiently by the end of third grade 3 can be a make-or-break benchmark in a child’s educational development. Up until the end of third grade, grade 3, most children are learning to read. Beginning in fourth grade, grade 4, however, they are reading to learn, using their skills to gain more information in such subjects as mathematics and science.
(2) California’s long-term economic strength depends on having an educated workforce and grade-level reading proficiency is the key. By dramatically getting more California children on track as proficient readers, California can also dramatically stop the cycle of intergenerational poverty, and boost the individual earning potential, global competitiveness, and overall quality of life for all Californians.
(3) An important partnership between a parent and child begins before the child enters kindergarten, when the parent helps the child develop rich linguistic experiences, including listening comprehension and speaking, that help form the foundation for reading and writing, which are the main vehicles for content acquisition.
(b) It is therefore the intent of the Legislature that all California public schools that enroll pupils in first, second, or third grade grades 1 to 3, inclusive, will work closely with the parents and teachers of these pupils to provide them the instructional programming, intervention instruction, and support necessary to ensure that pupils, by the completion of third grade, grade 3, can demonstrate a level of competency proficiency in reading skills that is necessary to support them in achieving the academic standards and expectations applicable to the fourth grade 4 curriculum.
(c) It is further the intent of the Legislature to increase the local control funding formula base rate for pupils in kindergarten and grades 1 to 3, inclusive, only at those schools at which 50 percent or more of pupils in grade 4 score below reading proficiency on a statewide assessment.

53008.1.
 On or before December 31, 2017, the state board shall accomplish both of the following:
(a) Develop a reading assessment Identify a list of formative reading diagnostic tools that can be used by the public schools, pursuant to Section 53008.2, to assess pupils pupils’ developmental levels of reading proficiency in grades 1 to 3, inclusive, in their ability to read proficiently by the end of grade 3. 3 and to post a list of those diagnostic tools on the department’s Internet Web site.
(b) Define what it means for a pupil to have a “significant an appropriate “developmental reading deficiency” level in grades 1 to 3, inclusive, such that the pupil is not on track to reading proficiency by the end of grade 3, as determined by the reading assessment. formative reading diagnostic tools.

53008.2.
 (a) On or before the start beginning of the 2018–19 school year, a public school that enrolls pupils in grades 1 to 3, 4, inclusive, at which less than 50 percent of 4th grade pupils demonstrate proficiency on English language arts standards on the statewide assessment administered the previous school year, shall ensure that each pupil’s reading competency proficiency is measured throughout the school year using at least one of the reading assessment developed formative reading diagnostic tools identified by the state board pursuant to Section 53008.1 to determine if a pupil has a significant an appropriate developmental reading deficiency. level for the pupil’s grade level.
(b) A reading plan, plan, as described in subdivision (c), shall be created for a pupil in grades 1 to 3, inclusive, who has a significant reading deficiency, is not at the appropriate developmental reading level for the pupil’s grade level as that term is defined by the state board pursuant to Section 53008.1. The plan shall be created in collaboration with the pupil’s parent and teacher, if possible, and as soon as possible after the pupil’s significant developmental reading deficiency level is identified. The pupil’s reading plan shall continue to be implemented until the pupil demonstrates reading proficiency. The pupil’s reading plan shall be reviewed at least annually by the school and updated or revised as appropriate to facilitate the pupil’s progress in demonstrating reading proficiency.
(c) A reading plan shall include all of the following:
(1) The pupil’s specific, diagnosed reading skill deficiencies specific developmental reading level that need needs to be remediated addressed in order for the pupil to attain reading proficiency.
(2) The goals and benchmarks for the pupil’s growth in attaining reading proficiency by the end of grade 3.
(3) The type of additional instructional services and interventions the pupil will receive in reading as determined by the school.
(4) The strategies the pupil’s parent is encouraged to use in assisting their child to achieve reading proficiency that are designed to supplement the additional instructional services and interventions described in paragraph (3).
(5) Any additional services that are deemed available and appropriate to accelerate the pupils’s pupil’s reading skill development.
(d) The parent of the pupil shall be provided with a copy of their child’s reading plan along with all of the following information:
(1) The state’s goal is for all children in California to graduate from high school having attained skill levels that adequately prepare them for postsecondary studies or for the workforce, and research demonstrates that achieving reading competency by grade 3 is a critical milestone in achieving this goal.
(2) If the pupil enters grade 4 without achieving reading competency, he or she is significantly more likely to fall behind in all subject areas beginning in grade 4 and continuing in later grades. If the pupil’s reading skill deficiencies are not remediated, it is likely the pupil will not have the skills necessary to complete the coursework required to graduate from high school.
(3) The parent plays a central role in supporting the pupil’s efforts to achieve reading competency and is strongly encouraged to work with his or her child’s teacher in implementing the reading plan, and, in order to supplement the intervention instruction the pupil receives in school, the reading plan will include strategies the parent is encouraged to use at home to support the pupil’s reading success.

(e)If a pupil is identified as having a disability that impacts the pupil’s progress in developing reading skills, the public school shall, as appropriate, integrate into the pupil’s individualized education program intervention instruction and strategies to address the pupil’s reading issues in lieu of a reading plan.

(f)

(e) For purposes of this section, “parent” means parent or legal guardian.

53008.3.
 It is the intent of the Legislature to increase the base rate funding pursuant to Section 42238.02 for kindergarten and grades 1 to 3, inclusive, for purposes of funding this chapter.

SEC. 3.SEC. 2.

 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.