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SB-463 State Capitol Park: California Lesbian, Gay, Bisexual, Transgender (LGBT) Civil Rights Monument.(2017-2018)

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Date Published: 05/30/2018 09:00 PM
SB463:v96#DOCUMENT

Amended  IN  Assembly  May 30, 2018
Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 463


Introduced by Senator Lara
(Principal coauthor: Assembly Member Limón)
(Coauthors: Senators Galgiani and Wiener)
(Coauthors: Assembly Members Cervantes, Eggman, Gloria, and Low)

February 16, 2017


An act to amend Section 313 of, and to repeal and add Section 313.5 of, the Education Code, relating to English learners. An act to add Section 14634 to the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 463, as amended, Lara. English learners: reclassification. State Capitol Park: California Lesbian, Gay, Bisexual, Transgender (LGBT) Civil Rights Monument.
Existing law prescribes various duties for the Department of General Services in connection with the development and maintenance of the park around the State Capitol Building. Existing law also authorizes the construction of various memorial monuments in the Capitol Historic Region.
This bill would authorize the California Legislative LGBT Caucus Foundation, in consultation with the California Legislative LGBT Caucus and the department, to plan and undertake construction of a monument honoring California’s LGBT movement’s civil rights history within the State Capitol Park. The bill would require the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus, if they undertake responsibility to construct a monument pursuant to these provisions, to establish a schedule for the design, construction, and dedication of the monument. The bill would require the department to meet specified goals. The bill would also require the planning, construction, and maintenance of the monument to be funded exclusively through private donations.

Existing law requires the Superintendent of Public Instruction to review existing tests that assess the English language development of pupils whose primary language is a language other than English, and requires that the tests include, but not be limited to, an assessment of the achievement of these pupils in English reading, speaking, and written skills, in accordance with specified criteria. Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, a county office of education and a charter school, to assess the English language development of each of those pupils in order to determine their level of proficiency. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting that assessment and for the reclassification of a pupil from English learner to English proficient.

This bill would delete the provision requiring the department to establish procedures for the reclassification of a pupil from English learner to English proficient and would instead require, commencing with the 2018–19 school year, a local educational agency, as defined, that has one or more pupils who are English learners in any of grades 3 to 12, inclusive, and who do not have an individualized education program that specifies the pupil requires assistance due to language proficiency issues, to determine whether to reclassify such a pupil as English proficient according to specified factors. The bill would authorize, commencing with the 2018–19 school year, a local educational agency to determine whether to reclassify such a pupil in kindergarten, grade 1, or grade 2 according to similar specified factors. The bill would require, on or before January 1, 2019, the department, with the approval of the state board, to develop guidance for local educational agencies to implement those provisions. The bill would require, on or before September 1, 2018, the department, in consultation with the state board, to develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learners with individualized education programs that specify the pupil requires assistance due to language proficiency issues. The bill would require, on or before January 1, 2019, the state board, in consultation with the department, to determine minimum scores on specified assessments for reclassification of a pupil as English proficient, and would provide that an English learner is immediately eligible for reclassification if the pupil attains those minimum scores on the assessments, unless the local educational agency determines there is academic-related evidence the pupil will not be successful in a mainstream curriculum. The bill would require the department to develop a rubric to measure academic-related evidence. The bill would require a local educational agency that has a numerically significant pupil subgroup of English learners or that includes specific goals and actions for that pupil subgroup in its local control and accountability plan to complete specified actions for purposes of reclassifying pupils as English proficient. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would also delete obsolete provisions relating to the reclassification of a pupil from English learner to English proficient.

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 the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Openly lesbian, gay, bisexual and transgender (LGBT) leaders have made tremendous contributions to the State of California and to the nation as trailblazers in every field of endeavor, including, business, medicine, law, humanities, science, literature, politics, education, music, philanthropy, sports, arts, and culture, that enrich the lives of all Californians.
(b) The achievements of LGBT Californians stand in contrast to our state’s long history of discrimination and exclusion. Throughout the first half of the 20th century, California law led to the forcible sterilization of more people for “perversion” than any other state. Consensual adult same-sex activity was a crime until 1975, and gay civil rights leader Bayard Rustin was jailed in this state during the 1950s. The passage of Proposition 8 in 2008 barred LGBT couples from legal marriage.
(c) In spite of this history, Californians founded the first significant gay and lesbian civil rights organizations in the United States in the 1950s. LGBT Californians united across racial lines during the Civil Rights Movement to secure the rights of California’s increasingly diverse population. As immigration reshaped California in the 1960s, LGBT people linked arms with those fleeing oppression around the world, paving the way for the global fight against HIV and AIDS in the 1980s.
(d) LGBT Californians made history as candidates for public office, and José Julio Sarria’s run for the San Francisco Board of Supervisors in 1961 paved the way for the election of Harvey Milk to the board in 1977 as the nation’s first openly gay man elected outright to office. The California Legislative LGBT Caucus is the nation’s largest and most diverse body of openly gay and lesbian legislators, and LGBT Californians have served as leaders in both the state Assembly and Senate.
(e) The California Legislature has long championed inclusion for LGBT people. In 1977 the Legislature introduced one of the nation’s first marriage equality laws, and became the first state legislature in America to approve marriage equality with the passage of AB 849, a year after San Francisco allowed the first same-sex marriages in California. Del Martin and Phyllis Lyon were the first couple to be married, nearly 50 years after they helped form the nation’s first lesbian rights organization. The Legislature has passed landmark civil rights laws that protect the rights of all students, employees, and families regardless of their sexual orientation, gender identity, or gender expression.
(f) The California State Capitol Park LGBT Civil Rights Memorial Monument will build on previous monuments in the State of California that commemorate those who have contributed to our state’s rich and vibrant history. This monument will be a constant reminder of the values of safety, happiness, and privacy enshrined in our Constitution that extend to all Californians.

SEC. 2.

 Section 14634 is added to the Government Code, to read:

14634.
 (a) The California Legislative LGBT Caucus Foundation may, in consultation with the California Legislative LGBT Caucus and the department, plan a monument in the State Capitol Park honoring California’s lesbian, gay, bisexual, and transgender movement’s civil rights history.
(b) The department, in consultation with the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus, shall accomplish the following goals:
(1) Review the preliminary design plans to identify potential maintenance concerns.
(2) Ensure compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et. seq.) and address other safety concerns.
(3) Review and approve documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for work at the designated historic property.
(4) Review final construction documents to ensure that all requirements are met.
(5) Prepare the right-of-entry permit outlining and describing the following: (A) final areas of work, (B) final construction documents, (C) constructions plans, (D) contractor hired to perform the work, (E) insurance, (F) bonding, (G) provisions for damage to state property, and (H) inspection requirements.
(6) Prepare a maintenance agreement outlining the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus responsibility for the long-term maintenance of the monument due to aging, vandalism, or relocation.
(7) Inspect the construction performed by the contractor selected by the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus.
(c) If the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus undertake responsibility to construct a monument under this section, they shall, in consultation with the department, establish a schedule for the design, construction, and dedication of the monument, implement procedures to solicit designs for the monument, devise a selection process for the choice of the design, and establish a program for the dedication of the monument.
(d) The department and the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus shall approve the design and any other aspect of the monument.
(e) If the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus undertake responsibility to construct a monument under this section, they shall not begin construction of the monument until the Joint Committee on Rules has approved and adopted the plan for the monument, and only if the Joint Committee on Rules and the Department of Finance have determined that sufficient private funding is available to construct and maintain the monument.
(f) The planning, construction, and maintenance of the monument shall be funded exclusively through private donations to the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus.
(g) If the California Legislative LGBT Caucus Foundation and the California Legislative LGBT Caucus undertake responsibility to construct a monument under this section, they shall sign a maintenance agreement with the state to maintain the monument with private donations.

SECTION 1.Section 313 of the Education Code, as amended by Section 2 of Chapter 478 of the Statutes of 2013, is amended to read:
313.

(a)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.

(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a).

(c)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 utilize 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.

(d)(1)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.

(2)The assessment shall be conducted annually during a period that commences on the day upon which 55 percent of the instructional year is completed through July 1 of that calendar year. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily utilize 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.

(3)The assessment 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 or is English proficient.

(A)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.

(B)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).

(4)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.

(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.

(f)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.

(g)This section shall remain in effect only until the Superintendent reports to the appropriate policy committees of the Legislature pursuant to paragraph (2) of subdivision (h) of Section 60810 as added by the chapter that added this subdivision during the 2013–14 Regular Session, and as of January 1 of the following year, this section is repealed.

SEC. 2.Section 313 of the Education Code, as added by Section 3 of Chapter 478 of the Statutes of 2013, is amended to read:
313.

(a)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.

(b)The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a).

(c)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 utilize 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.

(d)(1)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.

(2)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 utilize 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.

(3)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 or is English proficient.

(A)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.

(B)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).

(4)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.

(e)The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.

(f)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.

(g)This section shall become operative when the Superintendent reports to the appropriate policy committees of the Legislature pursuant to paragraph (2) of subdivision (h) of Section 60810 as added by the chapter that added this subdivision during the 2013–14 Regular Session.

SEC. 3.Section 313.5 of the Education Code is repealed.
SEC. 4.Section 313.5 is added to the Education Code, to read:
313.5.

(a)(1)(A)Commencing with the 2018–19 school year, a local educational agency that has one or more pupils who are English learners in any of grades 3 to 12, inclusive, and who do not have an individualized education program that specifies the pupil requires assistance due to language proficiency issues shall determine whether to reclassify such a pupil as English proficient according to the following:

(i)Assessment of language proficiency using the English language development assessment that is identified or developed pursuant to Section 60810.

(ii)Teacher evaluation of the pupil’s English language mastery.

(iii)The opinion of, and consultation with, parents and guardians.

(iv)Comparison of the performance of the pupil in English language arts 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.

(B)A local educational agency shall use the results of the English language arts assessment established by Section 60640 for purposes of conducting a comparison of basic skills pursuant to clause (iv) of subparagraph (A).

(2)Commencing with the 2018–19 school year, for an English learner in kindergarten, grade 1, or grade 2 who does not have an individualized education program that specifies the pupil requires assistance due to language proficiency issues, a local educational agency may determine whether to reclassify the pupil according to the following:

(A)Assessment of language proficiency using the English language development assessment that is identified or developed pursuant to Section 60810.

(B)Teacher evaluation of the pupil’s English language mastery.

(C)The opinion of, and consultation with, parents and guardians.

(D)Academic performance of the pupil in English language arts as measured by grades or locally developed assessments.

(b)(1)On or before January 1, 2019, the department, with the approval of the state board, shall develop guidance for local educational agencies to implement subdivision (a). This guidance shall include, but is not limited to, factors that may be used to determine a pupil’s English language mastery for purposes of clause (ii) of subparagraph (A) of paragraph (1) of, and subparagraph (B) of paragraph (2) of, subdivision (a) and detailed information on the implementation of clause (iii) of subparagraph (A) of paragraph (1) of, and subparagraph (C) of paragraph (2) of, subdivision (a). The guidance may include the development of instructional tools to help local educational agencies be consistent in implementing reclassification criteria.

(2)For purposes of developing guidance pursuant to paragraph (1), the department shall consult with parents of English learners, experts with demonstrated experience in developing and administering assessments for English learners, classroom or resource teachers, or both, bilingual education teachers, school and school district administrators with expertise in curriculum, instruction, assessment, and accountability, and researchers possessing expertise in the education of English learners.

(c)On or before January 1, 2019, the state board, in consultation with the department, shall determine minimum scores for reclassification as English proficient on the English language proficiency assessment identified or established pursuant to Section 60810 and the English language arts assessment established by Section 60640. The state board shall consider the academic performance of non-English learners on the assessments in determining minimum scores.

(d)(1)An English learner shall immediately be eligible for reclassification as a pupil that is English proficient if the pupil attains the minimum scores established by the state board pursuant to subdivision (c).

(2)Notwithstanding paragraph (1), a local educational agency may determine an English learner is not eligible for reclassification if there is academic-related evidence the pupil will not be successful in a mainstream curriculum. The department shall develop a rubric to measure academic-related evidence.

(e)(1)On or before September 1, 2018, the department, in consultation with the state board, shall develop and submit recommendations to the Legislature regarding the appropriate reclassification criteria for English learners with individualized education programs that specify a pupil requires assistance due to language proficiency issues. The recommendations shall address issues related to the following:

(A)Proficiency in English.

(B)Teacher evaluation of the pupil’s English language mastery.

(C)The opinion of, and consultation with, parents and guardians.

(D)Academic performance of the pupil in English language arts, including, at a minimum, how to use results of the English language arts assessment established by Section 60640.

(2)For purposes of developing recommendations pursuant to paragraph (1), the department shall consult with experts in language processing, language development, English as a second language development, and special education.

(3)(A)The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2022, pursuant to Section 10231.5 of the Government Code.

(B)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(f)A local educational agency that has a numerically significant pupil subgroup, as defined in Section 52052, of English learners or that includes specific goals and actions for that pupil subgroup in meeting the state priorities described in paragraphs (2) and (4) of subdivision (d) of Sections 52060 and 52066 in its local control and accountability plan, as required pursuant to Sections 52060 and 52066, shall do all of the following for purposes of reclassifying pupils as English proficient:

(1)(A)Identify a group of teachers and administrators with expertise in curriculum, instruction, assessment, and accountability of English learners who shall meet regularly to review the language proficiency and academic performance of English learners, as it relates to the English learner academic indicator adopted by the state board pursuant to subdivision (c), under their jurisdiction for the purposes of ensuring English learners are being reclassified.

(B)A local educational agency with an average daily attendance of fewer than 1,000 pupils may form a partnership with another local educational agency to comply with subparagraph (A).

(2)Develop a process and procedures to monitor the academic performance of pupils for a minimum of four years after their reclassification as English proficient.

(3)Review current processes and procedures for the placement of English learners in a special education program. A local educational agency shall use the manual developed pursuant to Section 56305 in completing this review.

(g)It is the intent of the Legislature that school district and schoolsite staff, including, but not limited to, classroom teachers and administrators, receive professional development on English learner reclassification criteria prior to implementation of subdivision (a).

(h)For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.

SEC. 5.

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.