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AB-1838 Parental notices: primary language translations.(2021-2022)

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Date Published: 02/07/2022 09:00 PM
AB1838:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1838

Introduced by Assembly Member Bauer-Kahan

February 07, 2022

An act to amend, repeal, and add Section 48985 of, and to add Section 47613.6 to, the Education Code, relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 1838, as introduced, Bauer-Kahan. Parental notices: primary language translations.
If 15% or more of the pupils enrolled in a public school speak a single primary language other than English, existing law requires all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the school or school district to be written in English and the primary language, and authorizes the parent or guardian to respond either in English or the primary language. Existing law requires the State Department of Education to monitor adherence to these translation requirements and notify school districts of those schools that the translation requirement applies to, as provided.
This bill, commencing January 1, 2024, instead would require school districts, all public schools in those school districts, and charter schools to send all notices, reports, statements, or records in the primary language other than English when the primary language is one of the two most commonly spoken languages by pupils enrolled in the school of the school district or the charter school, is spoken by 15% or more of the pupils enrolled in the school of the school district or the charter school, or is spoken by 15% or more of the residents in any county where the school district, school of the school district, or charter school is located and is also one of the top two languages spoken by county residents not included in other calculations, as provided. By imposing additional duties on schools and school districts, the bill would impose a state-mandated local program. The bill would require the State Department of Education to monitor adherence to the new translation requirements for school districts, public schools, and charter schools, and to notify school districts and charter schools of those schools that the translation requirement applies to, as provided.
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: YES  

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


SECTION 1.

 Section 47613.6 is added to the Education Code, to read:

47613.6.
 (a) (1) A charter school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, shall send all notices, reports, statements, or records to the parent or guardian of those pupils who speak a single primary language other than English in both English and the other primary language if any of the following conditions apply:
(A) The single primary language other than English is one of the two most commonly spoken languages by pupils enrolled in the charter school.
(B) Fifteen percent or more of the pupils enrolled in the charter school speak the single primary language other than English.
(C) Fifteen percent or more of the residents in the county where the charter school is located speak the single primary language other than English, as determined by census data. This requirement shall only apply to the top two languages spoken by county residents not included in the determination of subparagraph (A).
(2) The written materials described in paragraph (1) may be responded to either in English or the primary language.
(b) Pursuant to subdivision (e) of Section 64001, the department shall monitor adherence to the requirements of subdivision (a) and shall determine the types of documents and languages a charter school translates to a primary language other than English, the availability of these documents to parents or guardians who speak a primary language other than English, and the gaps in translations of these documents.
(c) Based on census data from the preceding fiscal year, the department shall notify a charter school by August 1 of each year of the primary languages other than English for which the translation of documents is required pursuant to subdivision (a). The department shall make that notification using electronic methods.
(d) The department shall use existing resources to comply with subdivisions (b) and (c).
(e) This section shall become operative on January 1, 2024.

SEC. 2.

 Section 48985 of the Education Code is amended to read:

48985.
 (a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the public school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language.
(b) Pursuant to subdivision (e) of Section 64001, the department shall monitor adherence to the requirements of subdivision (a) as part of its regular monitoring and review of public schools and school districts and shall determine the types of documents and languages a public school or school district translates to a primary language other than English, the availability of these documents to parents or guardians who speak a primary language other than English, and the gaps in translations of these documents.
(c) Based on census data submitted to the department pursuant to Section 52164 in the preceding fiscal year, the department shall notify a school district, by August 1 of each year, of the schools within the school district, and the primary language other than English, for which the translation of documents is required pursuant to subdivision (a). The department shall make that notification using electronic methods.
(d) The department shall use existing resources to comply with subdivisions (b) and (c).
(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.

 Section 48985 is added to the Education Code, to read:

48985.
 (a) (1) A school district, and any public school in the school district that provides instruction in kindergarten or any of grades 1 to 12, inclusive, shall send all notices, reports, statements, or records to the parents or guardians of those pupils who speak a single primary language other than English in both English and the other primary language if any of the following conditions apply:
(A) The single primary language other than English is one of the two most commonly spoken languages by pupils enrolled in the public school.
(B) Fifteen percent or more of the pupils enrolled in the public school speak the single primary language other than English.
(C) Fifteen percent or more of the residents in any county where the school district or public school is located speak the single primary language other than English, as determined by census data. This requirement shall only apply to the top two languages spoken by county residents not included in the determination of subparagraph (A).
(2) The written materials described in paragraph (1) may be responded to either in English or the primary language.
(b) Pursuant to subdivision (e) of Section 64001, the department shall monitor adherence to the requirements of subdivision (a) as part of its regular monitoring and review of public schools and school districts and shall determine the types of documents and languages a public school or school district translates to a primary language other than English, the availability of these documents to parents or guardians who speak a primary language other than English, and the gaps in translations of these documents.
(c) Based on census data submitted to the department pursuant to Section 52164 in the preceding fiscal year, the department shall notify a school district, by August 1 of each year, of the schools within the school district, and the primary languages other than English, for which the translation of documents is required pursuant to subdivision (a). The department shall make that notification using electronic methods.
(d) The department shall use existing resources to comply with subdivisions (b) and (c).
(e) This section shall become operative on January 1, 2024.

SEC. 4.

 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.