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California Department of Education Executive Office SBE-003 (REV. 09/2011) tlsb-elsd-nov17item01 ITEM #16
CALIFORNIA STATE BOARD OF EDUCATION
NOVEMBER 2017 AGENDA
SUBJECT Action California Education for a Global Economy Initiative: Approve Commencement of a 15-Day Public Comment Period for Information Proposed Amendments to Title 5 of the California Code of Regulations Sections 11300, 11301, 11309, 11310, 11311, 11312 and 11316 Public Hearing 1 2SUMMARY OF THE ISSUE(S) 3 4The California Department of Education (CDE) is responsible for the implementation of 5the California Education for a Global Economy (CA Ed.G.E.) Initiative. The CA Ed.G.E. 6Initiative amends California Education Code (EC) sections 300, 305, 306, 310, 320, and 7335, and repeals EC Section 311. This agenda item requests that the State Board of 8Education (SBE) approve a 15-day public comment period for modifications to the 9proposed amendments to the above-mentioned regulations of the California Code of 10Regulations, Title 5 (5 CCR). 11 12In July 2017, the CDE submitted proposed amendments to the SBE to the 5 CCR 13sections 11300, 11301, 11309, 11310, and 11316, and proposed new sections 11311 14and 11312. These proposed amendments to the regulations were approved by the SBE 15at its July 2017 meeting and the rulemaking process commenced on July 29, 2017. At 16the conclusion of the 45-day public comment period, a public hearing was held on 17September 11, 2017. One attendee provided comments at the public hearing, and 19 18written comments were received during the 45-day comment period. 19 20After its review, the CDE revised the proposed regulations. The proposed changes are 21presented in the attached 15-day Notice of Modifications (Attachment 1) and the 22proposed regulations (Attachment 2). 23 24RECOMMENDATION 25 26The CDE recommends the SBE take the following actions: 27 28 Approve the proposed changes to the proposed regulations. 29
2 1 tlsb-elsd-nov17item01 2 Page 2 of 3 3 4 1 Direct that the proposed changes be circulated for a 15-day public comment 2 period in accordance with Administrative Procedure Act. 3 4 If no relevant comments to the proposed changes are received during the 5 15-day public comment period, the proposed regulations with changes are 6 deemed adopted, and the CDE is directed to complete the rulemaking package 7 and submit it to the Office of Administrative Law (OAL) for approval. 8 9 If any relevant comments to the proposed changes are received during the 10 15-day public comment period, the CDE is directed to place the proposed 11 regulations on the SBE’s January 2018 meeting agenda for action. 12 13 Authorize the CDE to take any necessary ministerial action to respond to any 14 direction or concern expressed by the OAL during its review of the rulemaking 15 file. 16 17BRIEF HISTORY OF KEY ISSUES 18 19Prior to 1998, California schools could readily provide bilingual programs to meet the 20needs of English learners. Proposition 227, approved by the voters, created an “English 21Only” sentiment that became a barrier to the implementation of these programs. 22Proposition 227 specified that English learner pupils be educated through a sheltered 23English immersion process during a temporary transition period not normally to exceed 24one year. Participation in sheltered English immersion could be waived through a 25process initiated by a written request for a bilingual program from a pupil’s parent or 26legal guardian. Proposition 227 required, among other things, that “all children in 27California public schools be taught English by being taught in English” (EC Section 28305). 29 30In 2016, the voters of California overwhelmingly approved Proposition 58, the CA 31Ed.G.E. Initiative. The CA Ed.G.E. Initiative amends or repeals provisions of Proposition 32227, codified in EC sections 300, 305, 306, 310, 311, 320, and 335. 33 34The CA Ed.G.E. Initiative acknowledges the benefits and opportunity that multilingual 35education provides students as a vehicle toward participation in a global economy. This 36initiative provides opportunity for English learners and native English speakers to 37participate in a program that leads to proficiency in English and another language. 38 39Three sections (EC sections 305, 306, and 310) of the amended statute necessitate 40regulation. The proposed regulations address: 41 42 1. The inclusion of parents and community members while considering the 43 establishment and implementation of language acquisition programs at school 44 districts or county offices of education, during the development of local control 45 and accountability plans.
5 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Page 3 of 3 3 4 1 2 2. Notification to parents regarding the language acquisition programs available in 3 the school district or county office of education. 4 5 3. A process for receiving and responding to parent requests for language 6 acquisition programs provided at a school site. 7 8SUMMARY OF PREVIOUS STATE BOARD OF EDUCATION DISCUSSION AND 9ACTION 10 11On July 12, 2017, the CDE recommended and the SBE approved the commencement 12of the rulemaking process for the CA Ed.G.E. Initiative regulations. 13http://www.cde.ca.gov/be/ag/ag/yr17/documents/jul17item06.doc 14 15FISCAL ANALYSIS (AS APPROPRIATE) 16 17The proposed amendments to these regulations will not result in any additional costs or 18savings to local educational agencies, state agencies, or federal funding to the State. 19 20An Economic Fiscal Impact Statement is provided as Attachment 5. 21 22ATTACHMENT(S) 23 24Attachment 1: 15-Day Notice of Modifications (4 pages) 25 26Attachment 2: Proposed Regulations (10 pages) 27 28Attachment 3: Final Statement of Reasons (5 pages) 29 30Attachment 4: Summary of Public Comments (21 pages) 31 32Attachments 4a-4i: Copies of Written Comments (55 pages) 33 34Attachment 5: Economic and Fiscal Impact Statement (STD. 399) (5 pages) 35 36 37 38 39
5 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 1 3 Page 1 of 4 4 5 1 2 3
CALIFORNIA DEPARTMENT OF EDUCATION CALIFORNIA STATE BOARD OF EDUCATION TOM TORLAKSON, State Superintendent of Public Instruction MICHAEL W. KIRST, President 916-319-0800 1430 N Street Sacramento, CA 95814-5901 916-319-0827 4 5 6 November 13, 2017 7 8 15-DAY NOTICE OF MODIFICATIONS TO TEXT OF PROPOSED 9 REGULATIONS REGARDING THE CALIFORNIA EDUCATION FOR A GLOBAL 10 ECONOMY (CA Ed.G.E.) INITIATIVE 11 12Pursuant to the requirements of Government Code Section 11346.8(c), and California 13Code of Regulations, Title 1, Section 44, the State Board of Education (SBE) is 14providing notice of changes made to the above-referenced proposed regulation text 15which was the subject of a regulatory hearing on September 11, 2017. 16 17Changes to the text: 18 19General changes were made to the regulations to include grammatical edits, and 20renumbering and/or re-lettering to reflect deletions or additions. 21 22After the 45-day comment period, the following changes were made to the 23proposed text of the regulations and sent out for a 15-day comment period: 24 25Current title of Chapter 11, Subchapter 4 is amended from “English Language 26Learner Education” to “Multilingual and English Learner Education.” “Multilingual” is 27added to include the types of programs available under California Education Code (EC) 28sections 305, 306, and 310 (other than Structured English Immersion [SEI]). The word 29“Language” is deleted from “English Language Learners” to align the title with the term 30“English learner” used in the statute. 31 32Proposed Section 11300(a) is amended to reword the section, including replacing 33“protected time” with “time set aside during the regular school day.” This change is 34necessary to specify when and how Designated English Language Development 35instruction is carried out. 36 37Proposed Section 11300(d) is amended to add language to the definition of “language 38acquisition programs.” The new language specifically names the language acquisition 39programs described in the statute. This addition is necessary to align the definition to 40the definition of language acquisition programs in EC Section 306(c).
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 1 3 Page 2 of 4 4 5 1Proposed Section 11300(h) is added to provide a definition of “multilingual.” This 2definition is necessary to clarify the use of the term in these regulations. 3 4Former Proposed Section 11300(m) is deleted. Structured English Immersion is 5defined in EC Section 306(c)(3), therefore is not necessary in regulations. 6 7Proposed Sections 11301(a) and (c) are amended to add “if applicable” after “English 8Learner parent advisory committee.” This change is necessary to align the language in 9this section with EC Section 52062. 10 11Proposed Section 11309(c)(3)(A) is amended to replace “if applicable, another” with 12“when the program model includes instruction in another language, proficiency in that 13other.” This change is necessary to clarify that proficiency in another language applies 14when a student participates in a language acquisition program designed for that 15purpose. 16 17Proposed Section 11309(c)(3)(B) is amended to replace “if applicable” with “when the 18program model includes instruction in another language, achievement in that other.” 19This change is necessary to clarify that academic achievement in another language 20applies when a student participates in a language acquisition program designed for that 21purpose. 22 23Proposed Section 11309(d) is amended to add language regarding the inclusion of 24Designated and Integrated English Language Development (ELD) in an SEI program. 25This addition emphasizes that SEI is a fully articulated language acquisition program, 26with the same services required for English learners as any other language acquisition 27program. 28 29Proposed Section 11309(e) is amended to delete “in addition to SEI.” The deleted 30language is not necessary for the purposes of the section, which is to specify that a 31language acquisition program may serve both English learners and native speakers of 32English. 33 34Proposed Section 11310(a) is amended to delete “any,” and replace “provided by” with 35“available in.” The change does not modify the meaning of the section. 36 37Proposed Section 11310(b)(2) is amended to add “when the program model includes 38instruction in another language.” This addition is necessary to specify that the 39description must identify the additional language of instruction when the program design 40includes an additional language of instruction. 41 42Proposed Section 11310(b)(4) is added to require that the notice include a description 43of the process for parents to request to establish a new language acquisition program at 44a school. This is necessary to ensure parents know how to request a new language 45acquisition program pursuant to EC Section 310.
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 1 3 Page 3 of 4 4 5 1Proposed Section 11311 amends the title of this section to replace “for” with “to 2establish a.” This modification is necessary to designate that the purpose of this section 3is to address parent requests to establish a new language acquisition program, rather 4than choosing a program that already exists. 5 6Proposed Section 11311(a) is amended to add “a” and replace “provided” with 7“available.” These changes bring this section into alignment with the title of this section 8and language changes in section 11310 of these regulations. 9 10Proposed Section 11311(f), formerly (i), is amended to replace “may” with “shall,” and 11adds “for a multilingual program model.” The changes are necessary to clarify to local 12educational agencies (LEA) that all parent requests count toward reaching the stated 13thresholds in cases where the requested program model goal is multilingualism. 14 15Proposed Section 11311(h), formerly (g), is amended to remove the word 16“immediately.” This time requirement for a LEA to notify parents that a threshold has 17been met has been moved to section 11312(h)(1). 18 19Proposed Section 11311(h)(1), formerly (g)(1), is amended to require that LEAs notify 20parents, teachers, and administrators “within 10 school days” of a threshold being 21reached. This change is necessary to provide a specified time within which LEAs must 22provide the required notification. 23 24Proposed Section 11311(h)(2), formerly (g)(2), is amended to include “costs and” and 25“any new” to the language in this section. These additions provide further specificity on 26what an LEA is expected to include in their assessment for possible implementation of a 27language acquisition program or language program. 28 29Proposed Section 11311(h)(3), formerly (g)(3), is amended to replace “90” with “60” 30calendar days, reducing the number of days for an LEA to determine whether it is 31possible to implement the requested language acquisition program. This regulation is 32necessary to ensure LEAs respond to parent requests in a timely manner. 33 34Proposed Section 11311(h)(3)(B), formerly (g)(3)(B), is amended to require that the 35explanation of why it is not possible to implement a language acquisition program 36requested by parents is provided by the LEA in written form. This addition is necessary 37to maintain transparency regarding the process of responding to parent requests for a 38language acquisition program. 39 40Proposed Section 11316 is amended to delete an incorrect citation. 41 42If you have any comments regarding the proposed changes that are the topic of this 4315-day Notice, the SBE will accept written comments between November 13, 2017, and 44November 28, 2017, inclusive.
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 1 3 Page 4 of 4 4 5 1All written comments must be submitted to the Regulations Coordinator via facsimile at 2916-319-0155, by e-mail at [email protected], or mailed and received at the 3following address by close of business at 5:00 p.m. on November 28, 2017, and 4addressed to: 5 6 Patricia Alverson, Regulations Coordinator 7 Legal, Audits and Compliance Branch 8 Administrative Supports and Regulations Adoption Unit 9 California Department of Education 10 1430 N Street, Suite 5319 11 Sacramento, CA 95814 12 13All written comments received by 5:00 p.m. on November 28, 2017, which pertain to the 14indicated changes will be reviewed and responded to by California Department of 15Education (CDE) staff as part of the compilation of the rulemaking file. Written 16comments received by the CDE staff during the public comment period are subject to 17viewing under the Public Records Act. 18 19Please note: Any written comments are to be restricted to the recent modifications as 20shown in the enclosed language. The SBE is not required to respond to comments 21received in response to this Notice on other aspects of the proposed regulations. 22 23
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 1 of 10 4 5 1 The State Board of Education has illustrated changes to the original text in the 2 following manner: text originally proposed to be added is underlined; text 3 proposed to be deleted is displayed in strikeout. 4 5 The 15-day text proposed to be added is in “bold underline,” deleted text is 6 displayed in “bold strikeout”. 7 8 Title 5. EDUCATION 9 Division 1. California Department of Education 10 Chapter 11. Special Programs 11 Subchapter 4. Multilingual and English Language Learner Education 12 13§ 11300. Definitions. 14“School term” as used in Education Code section 330 means each school's semester 15or equivalent, as determined by the local governing board, which next begins following 16August 2, 1998. For multitrack or year round schools, a semester or equivalent may 17begin on different days for each school track. 18 (a) “ Designated English Language Development” means instruction provided during 19 a time set aside in the regular school day for protected time during the regular 20 school day, in which there is a focus ed instruction on the state-adopted English 21language development (ELD) standards to assist English learners to develop critical 22English language skills necessary for academic content learning in English. 23 (b) “ English learner parent advisory committee,” means the committee established 24 by a school district or county superintendent of schools pursuant to Education Code 25 sections 52063 and 52069, and Title 5 California Code of Regulations section 26 15495(b). 27 (c) “ Integrated English Language Development” means instruction in which the 28state-adopted ELD standards are used in tandem with the state-adopted academic 29content standards. Integrated ELD includes specially designed academic instruction in 30English. 31 (d) “ Language acquisition programs” are educational programs designed for English 32learners to ensure English acquisition as rapidly and effectively as
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 2 of 10 4 5 1possible, that provide instruction to these pupils on the state-adopted academic content 2and ELD standards through Integrated and Designated ELD, and that meet the 3requirements described in section 11309 of this subchapter. Language acquisition 4programs may include, but are not limited to, dual language programs, 5transitional and developmental programs for English learners, and Structured 6English Immersion, as specified in Education Code section 306, subdivision (c). 7 (e) “ Language programs” are programs that are designed to provide opportunities 8for pupils to be instructed in languages other than English to a degree sufficient to 9produce proficiency in those languages, consistent with the provisions of Education 10 Code section 305, subdivision (c). 11 (f) “ Local control and accountability plan (LCAP)” means the plan created by a local 12educational agency (LEA) pursuant to Education Code sections 52060 or 52066, as 13applicable to the LEA. 14 (g) “ Local educational agency (LEA)” means a school district or county office of 15education. 16 (h) “Multilingual” means proficiency in one or more languages, in addition to 17English. 18 (h) (i) “Parent advisory committee” means a committee established by a school 19district or county superintendent of schools pursuant to Education Code sections 52063 20or 50269. 21 (i)(j) ”Parents” means the natural or adoptive parents, legal guardians, or other 22persons holding the right to make educational decisions for the pupil pursuant to 23Welfare and Institutions Code section 361 or 727, or Education Code section 56028 or 2456055, including foster parents who hold rights to make educational decisions. 25 (j) (k) “Stakeholders” means parents, pupils, teachers, administrators, other school 26personnel, and interested members of the public. 27 (k)(l) “State-adopted academic content standards” means the subject matter 28covered in Education Code sections 18100, 18101, 51210.2, 51222, 60605, 60605.1, 2960605.2, 60605.3, 60605.4, 60605.5, 60605.8, 60605.11, and 60605.13. 30 (l)(m) “State-adopted English language development standards” means standards 31adopted pursuant to Education Code section 60811.
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 3 of 10 4 5 1 (m) “Structured English Immersion (SEI)” means a language acquisition 2program, where nearly all instruction is provided in English, with a curriculum 3and presentation designed for pupils who are learning English. 4NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 306, 5 310, 18100, 18101, 51210.2, 51222, 52060, 52063, 52064, 52066, 52067, 52068, 6 52069, 56028, 56055, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.5, 60605.8, 7 60605.11, and 60605.13, Education Code; Sections 361 and 727, Welfare and 8 Institutions Code ; Sections 11308, 15495(b), and 15496(f), Title 5 California Code of 9 Regulations . 10 11§ 11301.Knowledge and Fluency in English. 12 (a) For purposes of “a good working knowledge of English” pursuant to Education 13Code Section 305 and “reasonable fluency in English” pursuant to Education Code 14Section 306(c), an English learner shall be transferred from a structured English 15immersion classroom to an English language mainstream classroom when the pupil 16has acquired a reasonable level of English proficiency as measured by any of the state- 17designated assessments approved by the California Department of Education, or any 18locally developed assessments. 19 (b) At any time, including during the school year, a parent or guardian may have his 20or her child moved into an English language mainstream classroom. 21 (c) An English learner may be re-enrolled in a structured English immersion 22program not normally intended to exceed one year if the pupil has not achieved a 23reasonable level of English proficiency as defined in Section 11301(a) unless the 24parents or guardians of the pupil object to the extended placement. 25NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305 and 26306(c), Education Code. 27 28 § 11301. Community Engagement. 29 (a) As part of the development of the LCAP and annual updates, an LEA shall 30inform and receive input from stakeholders, including the English learner parent 31 advisory committee , if applicable, and the parent advisory committee,
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 4 of 10 4 5 1regarding the LEA’s existing language acquisition programs and language programs, 2and establishing other such programs. 3 (b) An LEA process for informing stakeholders and receiving input may include 4 procedures such as stakeholder surveys, forums, and meetings with school advisory 5committees, or other groups representing stakeholders. 6 (c) Prior to adoption of an LEA’s LCAP, the school district superintendent or the 7county superintendent of schools shall include a written response to input received 8 from the LEA’s English learner parent advisory committee , if applicable, and parent 9advisory committee relating to language acquisition programs and language programs 10with the superintendent’s response as described in Education Code sections 52062 11and 52068. 12NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 306, 13 52060, 52062, 52063, 52066, 52067 and 52068, Education Code . 14 15§ 11309. Parental Exception Waivers. 16 (a) In order to facilitate parental choice of program, all parents and guardians must 17be informed of the placement of their children in a structured English immersion 18program and must be notified of an opportunity to apply for a parental exception waiver. 19The notice shall also include a description of the locally-adopted procedures for 20requesting a parental exception waiver, and any locally-adopted guidelines for 21evaluating a parental waiver request. 22 (b) School districts shall establish procedures for granting parental exception 23waivers as permitted by Education Code sections 310 and 311 which include each of 24the following components: 25 (1) Parents and guardians must be provided with a full written description and upon 26request from a parent or guardian, a spoken description of the structured English 27immersion program and any alternative courses of study and all educational 28opportunities offered by the school district and available to the pupil. The descriptions 29of the program choices shall address the educational materials to be used in the 30different options.
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 5 of 10 4 5 1 (2) Pursuant to Education Code section 311(c), parents and guardians must be 2informed that the pupil must be placed for a period of not less than thirty (30) calendar 3days in an English language classroom and that the school district superintendent must 4approve the waiver pursuant to guidelines established by the local governing board. 5 (3) Pursuant to Education Code sections 311(b) and (c), the school principal and 6educational staff may recommend a waiver to a parent or guardian. Parents and 7guardians must be informed in writing of any recommendation for an alternative 8program made by the school principal and educational staff and must be given notice of 9their right to refuse to accept the recommendation. The notice shall include a full 10description of the recommended alternative program and the educational materials to 11be used for the alternative program as well as a description of all other programs 12available to the pupil. If the parent or guardian elects to request the alternative program 13recommended by the school principal and educational staff, the parent or guardian 14must comply with the requirements of Education Code section 310 and all procedures 15and requirements otherwise applicable to a parental exception waiver. 16 (4) Parental exception waivers shall be granted unless the school principal and 17educational staff have determined that an alternative program offered at the school 18would not be better suited for the overall educational development of the pupil. 19 (c) All parental exception waivers shall be acted upon by the school within twenty 20(20) instructional days of submission to the school principal. However, parental waiver 21requests under Education Code section 311(c) shall not be acted upon during the thirty 22(30)-day placement in an English language classroom. These waivers must be acted 23upon either no later than ten (10) calendar days after the expiration of that thirty (30)- 24day English language classroom placement or within twenty (20) instructional days of 25submission of the parental waiver to the school principal, whichever is later. 26 (d) In cases where a parental exception waiver pursuant to Education Code 27sections 311(b) and (c) is denied, the parents and guardians must be informed in 28writing of the reason(s) for denial and advised that they may appeal the decision to the 29local board of education if such an appeal is authorized by the local board of education, 30or to the court.
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 6 of 10 4 5 1 (e) For waivers pursuant to Education Code section 311(a) and for students for 2whom standardized assessment data is not available, school districts may use 3equivalent measures as determined by the local governing board. 4NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 310 5and 311, Education Code. 6 7 § 11309. Language Acquisition Programs. 8 (a) LEAs shall provide language acquisition programs for English learners 9consistent with these regulations. 10 (b) Whenever an LEA establishes a language acquisition program, the LEA shall 11confer with school personnel, including teachers and administrators with authorizations 12required to provide or oversee programs and services for English learners, regarding 13the design and content of the language acquisition program. 14 (c) Any language acquisition program provided by an LEA shall: 15 (1) Be designed using evidence-based research and include both Designated and 16 Integrated ELD; 17 (2) Be allocated sufficient resources by the LEA to be effectively implemented, 18 including, but not limited to certificated teachers with the appropriate authorizations, 19 necessary instructional materials, pertinent professional development for the proposed 20 program, and opportunities for parent and community engagement to support the 21 proposed program goals; and 22 (3) Within a reasonable period of time, lead to: 23 (A) Proficiency in English, and, if applicablewhen the program model includes 24 instruction in another language, proficiency in that other another language; and 25 (B) Achievement of the state-adopted content standards in English, and, if 26applicablewhen the program model includes instruction in another language, 27anotherachievement in that other language.
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 7 of 10 4 5 1 (d) At a minimum, an LEA shall provide a program of SEI Structured English 2 Immersion for English learners, which includes Designated and Integrated ELD. 3 (e) An LEA may provide language acquisition programs in addition to SEI , 4 including programs that integrate instruction for native speakers of English and native 5 speakers of another language, and meet the requirements of subdivision (c). 6NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 306, 7 44253.3, and 44253.4, Education Code; 20 U.S.C. Sections 1703 and 6311. 8 9§ 11310. State Board of Education Review of Guidelines for Parental Exception 10Waivers. 11 (a) Upon written request of the State Board of Education, school district governing 12boards shall submit any guidelines or procedures adopted pursuant to Education Code 13section 311 to the State Board of Education for its review. 14 (b) Any parent or guardian who applies for a waiver under Education Code section 15311 may request a review of the school district's guidelines or procedures by the State 16Board of Education. The sole purpose of the review shall be to make a determination 17as to whether those guidelines or procedures comply with the parental exception 18waiver guidelines set forth in Section 11309. 19NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 310 20and 311, Education Code. 21 22 § 11310. Parental Notice. 23 (a) An LEA shall notify parents of the language acquisition programs and any 24 language programs provided by available in the LEA at the time and in the manner 25specified in Education Code sections 48980 and 48981. The notice specified in this 26 section shall include a description of the process for parents to request a language 27acquisition program or language program for their child. 28 (b) The notice forRegarding language acquisition programs, the notice shall 29include:
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 8 of 10 4 5 1 (1) A description of any such programs provided, including SEI Structured English 2 Immersion ; 3 (2) Identification of any language to be taught in addition to English, if 4applicablewhen the program model includes instruction in another language ; and 5 (3) The information set forth in section 11309(c) .; and 6 (4) The process to request establishment of a language acquisition program 7not offered at the school. 8 (c) The notice for Regarding language programs, the notice shall specify the 9 language(s) to be taught, and may include the program goals, methodology used, and 10 evidence of the proposed program’s effectiveness. 11 (d) Parents of pupils enrolling in the LEA after the beginning of the academic school 12 year shall be provided the notice described in subdivision (a) above upon 13 enrollment. An LEA may provide notice to parents at additional times throughout the 14 year. 15 (e) The notice to parents pursuant to this section shall be provided as described in 16 subdivision (a) above . Additionally, verbal notice shall be provided, upon request, as 17 reasonably necessary to effectuate notice to the parents. 18NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 306, 19 310, 48980, and 48981, Education Code; 20 U.S.C. sections 1703(f), 6311 and 6318 . 20 21 § 11311. Parent Requests for to Establish a Language Acquisition Program s . 22 (a) An LEA shall establish a process for schools of the LEA to receive and respond 23to requests from parents of pupils enrolled in the school to establish a language 24 acquisition program s other than, or in addition to, such programs providedavailable at 25the school. The LEA process shall require each school to make a written record of each 26request, including at least the following: 27 (1) The date of the request; 28 (2) The names of the parent and pupil;
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 9 of 10 4 5 1 (3) A general description of the request; and 2 (4) The pupil’s grade level on the date of the request. 3 (b) Each school shall maintain a written record of verbal requests that includes the 4 information set forth in subdivision (a) above . 5 (c) Each school shall assist parents in clarifying requests, as needed. 6 (d) Each school shall retain written records of parent requests for language 7acquisition programs for at least three years from the date of the request. 8 (e) A parent whose pupil is enrolled in a school for attendance in the next school 9year may submit a request for a language acquisition program.
10 (i)(f) A school mayshall consider requests for a multilingual program model from 11parents of pupils enrolled in the school who are native speakers of English when 12 determining whether a threshold specified in subdivision (g)(h) is reached. 13 (f) (g) Each school shall monitor the number of parent requests for language 14acquisition programs on a regular basis, and notify the LEA immediately upon reaching 15 a threshold specified in subdivision (g)(h). 16 (g)(h) When the parents of 30 pupils or more enrolled in a school, or when the 17parents of 20 pupils or more in the same grade level enrolled in a school, request the 18same or substantially similar type of a language acquisition program, the LEA shall 19 respond by immediately taking the following actions: 20 (1) Within 10 school days of reaching a threshold described in subdivision (h), 21 N n otify the parents of pupils attending the school, the school’s teachers, and 22administrators, and the LEA’s English learner parent advisory committee and 23parent advisory committee, in writing, of the parents’ requests for a language 24acquisition program; 25 (2) Identify costs and resources necessary to implement aany new language 26 acquisition program, including but not limited to certificated teachers with the 27 appropriate authorizations, necessary instructional materials, pertinent professional 28development for the proposed program, and opportunities for parent and community 29engagement to support the proposed program goals; and
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 2 3 Page 10 of 10 4 5 1 (3) Determine, within 9060 calendar days of reaching the a threshold described in 2 subdivision (g) (h) , whether it is possible to implement the requested language 3acquisition program; and provide notice, in writing, to parents of pupils attending the 4school, the school’s teachers, and administrators, of its determination; 5 (A) In the case of an affirmative decision to implement a language acquisition 6program at the school, create and publish a reasonable timeline of actions necessary to 7implement the language acquisition program. 8 (B) In the case where the LEA determines it is not possible to implement a language 9acquisition program requested by parents, the LEA shall provide in written form an 10explanation of the reason(s) the program cannot be provided, and may offer an 11alternate option that can be implemented at the school. 12 (h) (i) Each school shall follow the process set forth in subdivision (f)(h), even when 13the LEA provides the requested language acquisition program at another school of the 14 LEA at the time the threshold specified in subdivision (g)(h) is met. 15NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305 and 16310, 44253.3, and 44253.4, Education Code; 20 U.S.C., Section 1703(f). 17 18§ 11312. Language Programs 19If an LEA provides a language program or proposes to offer a language program, the 20LEA shall establish a process for schools of the LEA to receive and respond to input 21from parents and stakeholders regarding the non-English language in which instruction 22is provided. 23NOTE: Authority cited: Section 33031. Reference: Section 305(c), Education Code. 24 25§ 11316. Language of Parental Notice to Parents or Guardians. 26All notices and other communications to parents or guardians required or permitted by 27these regulations must be provided in English and in the parents' or guardians’ primary 28language to the extent required under Education Code section 48985. 29NOTE: Authority cited: Section 33031, Education Code. Reference: Section 313 and 3048985, Education Code; 20 U.S.C Section 1703(f) and 6318. 3110-26-17 [California Department of Education]
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 3 3 Page 1 of 5 4 1 FINAL STATEMENT OF REASONS 2 CALIFORNIA EDUCATION FOR A GLOBAL ECONOMY (CA Ed.G.E.) INITIATIVE 3 PROPOSED REGULATIONS 4 5UPDATE OF INITIAL STATEMENT OF REASONS 6 7The original proposed text was made available for public comment for at least 45 days 8from July 28, 2017, through September 11, 2017. Twenty comments were received 9during the 45-day comment period. 10 11A public hearing was held at 1:30 p.m. on September 11, 2017, at the California 12Department of Education (CDE). One individual provided comments at the public 13hearing. 14 15SUMMARY AND RESPONSE TO COMMENTS RECEIVED DURING THE INITIAL 16NOTICE PERIOD OF JULY 28, 2017, THROUGH SEPTEMBER 11, 2017. 17 18The CDE received 20 written comments, including one from the public hearing 19commenter. Twelve of the written comments were received as a form letter. The 20comments and responses are set forth in the attached chart (Attachment 4). 21 22PUBLIC HEARING COMMENTS 23 Attachment 4a: Martha Zaragoza-Diaz, Legislative Advocate, Zaragoza-Diaz & 24 Associates. This commenter also provided her verbal comments in written form. 25 26NON-FORM LETTER COMMENTS 27 Attachment 4b: Deborah Escobedo, Senior Attorney, Racial Justice-Education, 28 Lawyer’s Committee for Civil Rights of the San Francisco Bay Area; Cynthia 29 Rice, Director of Litigation Advocacy and Training, California Rural Legal 30 Assistance, Inc.; Dolores Huerta, President, Dolores Huerta Foundation; Marisa 31 Diaz, Staff Attorney, Christopher Ho, Senior Staff Attorney, Stacy Villalobos, 32 Skadden Fellow, Legal Aid at Work; Joann Lee, Directing Attorney, Legal Aid 33 Foundation of Los Angeles; Jill E. Sowards, Staff Attorney, Legal Services of 34 Northern California; Jordan Thierry, Senior Program Associate, PolicyLink. 35 36 Note: The CDE sent a letter on September 1, 2017, in response to this public 37 comment. This response is included in Attachment 4b. 38 39 Attachment 4c: Cynthia Rice, Director of Litigation Advocacy and Training, 40 California Rural Legal Assistance, Inc.; Deborah Escobedo, Senior Attorney, 41 Racial Justice-Education, Lawyer’s Committee for Civil Rights of the San 42 Francisco Bay Area; Shelly Spiegel-Coleman, Executive Director, Californians 43 Together; Jan Gustafson-Corea, Chief Executive Officer, California Association 44 for Bilingual Education; Joann Lee, Directing Attorney, Legal Aid Foundation of
5 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 3 3 Page 2 of 5 4 5 1 Los Angeles; Abigail Trillin, Executive Director, Legal Services for Children; 2 Barbara Flores, President, California Latino School Boards Association 3 4 Attachment 4d: Jorge Cuevas Antillón, College of Education, San Diego State 5 University 6 7 Attachment 4e: Jessica Murray, English Learner Instructional Resource Teacher 8 (Secondary), Santa Cruz City Schools 9 10 Attachment 4f: David Dolson, Former Administrator, California Department of 11 Education 12 13 Attachment 4g: Mary Perry, Vice-President for Education, California State 14 Parent-Teachers Association (Added comments to form letter referenced below) 15 16 Attachment 4i: Liz Guillen, Director of Legislative & Community Affairs, Public 17 Advocates 18 19FORM LETTER (Attachment 4h) – 12 COMMENTS 20 Anya Hurwitz 21 Arturo Ybarra, Executive Director, Watts/Century Latino Organization 22 Vanessa Calderon-Garcia, State Seal of Biliteracy District Coordinator and Learning 23 Design Coach, Oxnard Union High School District 24 Hugo Morales, Radio Bilingüe, Inc. 25 Cheryl Ortega, Director of Bilingual Education, United Teachers Los Angeles 26 Daniel Ward, Editor, Language Magazine 27 Claudia Lockwood 28 Veronika Lopez-Mendez, Principal, Rosa Parks Elementary 29 Xilonin Cruz-Gonzalez, Azusa USD Board of Education Vice-President 30 Vicki Ramos Harris 31 Carla Herrera, Retired Bilingual Educator, Two-Way Immersion Specialist and 32 Consultant 33 Martha Hernandez 34 35Changes to the text: 36 37General changes were made to the regulations to include grammatical edits, and 38renumbering and/or re-lettering to reflect deletions or additions. 39 40After the 45-day comment period, the following changes were made to the 41proposed text of the regulations and sent out for a 15-day comment period: 42 43Current title of Chapter 11, Subchapter 4 is amended from “English Language 44Learner Education” to “Multilingual and English Learner Education.” “Multilingual” is
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 3 3 Page 3 of 5 4 5 1added to include the types of programs available under California Education Code (EC) 2sections 305, 306, and 310 (other than Structured English Immersion [SEI]). The word 3“Language” is deleted from “English Language Learners” to align the title with the term 4“English learner” used in the statute. 5 6Proposed Section 11300(a) is amended to reword the section, including replacing 7“protected time” with “time set aside during the regular school day.” This change is 8necessary to specify when and how Designated English Language Development 9instruction is carried out. 10 11Proposed Section 11300(d) is amended to add language to the definition of “language 12acquisition programs.” The new language specifically names the language acquisition 13programs described in the statute. This addition is necessary to align the definition to 14the definition of language acquisition programs in EC Section 306(c). 15 16Proposed Section 11300(h) is added to provide a definition of “multilingual.” This 17definition is necessary to clarify the use of the term in these regulations. 18 19Former Proposed Section 11300(m) is deleted. Structured English Immersion is 20defined in EC Section 306(c)(3), therefore is not necessary in regulations. 21 22Proposed Sections 11301(a) and (c) are amended to add “if applicable” after “English 23Learner parent advisory committee.” This change is necessary to align the language in 24this section with EC Section 52062. 25 26Proposed Section 11309(c)(3)(A) is amended to replace “if applicable, another” with 27“when the program model includes instruction in another language, proficiency in that 28other.” This change is necessary to clarify that proficiency in another language applies 29when a student participates in a language acquisition program designed for that 30purpose. 31 32Proposed Section 11309(c)(3)(B) is amended to replace “if applicable” with “when the 33program model includes instruction in another language, achievement in that other.” 34This change is necessary to clarify that academic achievement in another language 35applies when a student participates in a language acquisition program designed for that 36purpose. 37 38Proposed Section 11309(d) is amended to add language regarding the inclusion of 39Designated and Integrated English Language Development (ELD) in an SEI program. 40This addition emphasizes that SEI is a fully articulated language acquisition program, 41with the same services required for English learners as any other language acquisition 42program. 43 44Proposed Section 11309(e) is amended to delete “in addition to SEI.” The deleted 45language is not necessary for the purposes of the section, which is to specify that a
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 3 3 Page 4 of 5 4 5 1 language acquisition program may serve both English learners and native speakers of 2English. 3 4Proposed Section 11310(a) is amended to delete “any,” and replace “provided by” with 5“available in.” The change does not modify the meaning of the section. 6 7Proposed Section 11310(b)(2) is amended to add “when the program model includes 8instruction in another language.” This addition is necessary to specify that the 9description must identify the additional language of instruction when the program design 10includes an additional language of instruction. 11 12Proposed Section 11310(b)(4) is added to require that the notice include a description 13of the process for parents to request to establish a new language acquisition program at 14a school. This is necessary to ensure parents know how to request a new language 15acquisition program pursuant to EC Section 310. 16 17Proposed Section 11311 amends the title of this section to replace “for” with “to 18establish a.” This modification is necessary to designate that the purpose of this section 19is to address parent requests to establish a new language acquisition program, rather 20than choosing a program that already exists. 21 22Proposed Section 11311(a) is amended to add “a” and replace “provided” with 23“available.” These changes bring this section into alignment with the title of this section 24and language changes in section 11310 of these regulations. 25 26Proposed Section 11311(f), formerly (i), is amended to replace “may” with “shall,” and 27adds “for a multilingual program model.” The changes are necessary to clarify to local 28educational agencies (LEA) that all parent requests count toward reaching the stated 29thresholds in cases where the requested program model goal is multilingualism. 30 31Proposed Section 11311(h), formerly (g), is amended to remove the word 32“immediately.” This time requirement for a LEA to notify parents that a threshold has 33been met has been moved to section 11312(h)(1). 34 35Proposed Section 11311(h)(1), formerly (g)(1), is amended to require that LEAs notify 36parents, teachers, and administrators “within 10 school days” of a threshold being 37reached. This change is necessary to provide a specified time within which LEAs must 38provide the required notification. 39 40Proposed Section 11311(h)(2), formerly (g)(2), is amended to include “costs and” and 41“any new” to the language in this section. These additions provide further specificity on 42what an LEA is expected to include in their assessment for possible implementation of a 43language acquisition program or language program.
6 4/6/2018 10:12 下午 1 tlsb-elsd-nov17item01 2 Attachment 3 3 Page 5 of 5 4 5 1Proposed Section 11311(h)(3), formerly (g)(3), is amended to replace “90” with “60” 2calendar days, reducing the number of days for an LEA to determine whether it is 3possible to implement the requested language acquisition program. This regulation is 4necessary to ensure LEAs respond to parent requests in a timely manner. 5 6Proposed Section 11311(h)(3)(B), formerly (g)(3)(B), is amended to require that the 7explanation of why it is not possible to implement a language acquisition program 8requested by parents is provided by the LEA in written form. This addition is necessary 9to maintain transparency regarding the process of responding to parent requests for a 10language acquisition program. 11 12Proposed Section 11316 is amended to delete an incorrect citation. 13 14ALTERNATIVES DETERMINATION 15 16The SBE has determined that no alternative would be more effective in carrying out the 17purpose for which the regulation is proposed or would be as effective and less 18burdensome to affected private persons than the proposed regulation or would be more 19cost effective to affected private persons and equally effective in implementing the 20statutory policy or other provisions of law. 21 22LOCAL MANDATE DETERMINATION 23 24The proposed regulations do not impose any mandate on local educational agencies. 25 26 2710-30-2017 [California Department of Education]
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Proposed Commenter Comment/Recommendation Agency Response Section Deborah Procedural Objections REJECT Escobedo, See Attachments 4b and 4i. This comment does not address the content of the et al. regulations but focuses on the process. The See Recommendation: California Department of Education (CDE) is not Attachment We recommend that the full regulatory packet be required to provide translated documents under the All 4b translated and posted and that a new notice period Administrative Procedures Act. The CDE provided a be voted on and approved at the September 11, 2017 Spanish translation of the proposed regulations as a Liz Guillen meeting of the State Board of Education. courtesy to the public. See (Letter of response from the California Department of Attachment Education included in Attachment 4b) 4i The proposed addition and language in Parts a), b), NO ACTION REQUIRED Jessica d), and e) of the definitions, which define Designated This comment is a statement and does not provide Murray 11300 ELD, Integrated ELD, and Language Acquisition suggestions for changes. See Programs versus Language Programs are clear and Attachment well-stated. They are excellent additions to our state 4e laws and regulations. 11300 Jorge Commenter provided a copy of the regulations in REJECT Cuevas “track changes” with the suggested acronyms listed The comments do not address the content of the Antillón below. regulations. The use of acronyms does not provide See additional clarity. Attachment Recommendations: 4d (a) “ Designated English Language Development (D-ELD)” means instruction provided during a protected time during the regular school day, in which there is a focus on state-adopted English language development (ELD) standards to assist English learners to develop critical English language skills necessary for academic content learning in English.
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Proposed Commenter Comment/Recommendation Agency Response Section (b) “ English learner parent advisory committee,” means the committee established by a school district or county superintendent of schools pursuant to Education Code sections 52063 and 52069, and Title 5 California Code of Regulations section 15495(b). (c) “ Integrated English Language Development (I-ELD)” means instruction in which the state- adopted ELD standards are used in tandem with the state-adopted academic content standards. Integrated ELD includes specially designed academic instruction in English. (d) “ Language A acquisition P p rograms (LAPs) ” are educational programs designed for English learners to ensure English acquisition as rapidly and effectively as possible, that provide instruction to these pupils on the state-adopted academic content and ELD standards through Integrated and Designated ELD, and that meet the requirements described in section 11309 of this subchapter. (h) “ Parent advisory committee (PAC)” means a committee established by a school district or county superintendent of schools pursuant to Education Code sections 52063 or 50269. (l) “ State-adopted English language development (ELD) standards” means standards adopted pursuant to Education Code section 60811. (m) “ Structured English Immersion (SEI)” means a L language A acquisition P p rogram,
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Proposed Commenter Comment/Recommendation Agency Response Section where nearly all instruction is provided in English, with a curriculum and presentation designed for pupils who are learning English.
11300 Cynthia Section 11300 should include a definition of English REJECT Rice, et al. learner. The definition of English learner cited in California See It is clear that the underlying intent was to adopt the Education Code (EC) Section 306(a) refers to the Attachment definition of English learner found under federal law. definition of English learner found in the statute under 4c No Child Left Behind. This definition is no longer Recommendation: current under federal law, which will be addressed Liz Guillen Add this definition: through the legislative process. See An English learner is an individual: Attachment 4i (A) who is aged 3 through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C)(i) who was not born in the United States or whose native language is a language other than English; (ii)(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and
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Proposed Commenter Comment/Recommendation Agency Response Section (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual— (i) the ability to meet the challenging state academic standards; (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society.
According to the CA current State Plan the above definition is found under the federal “Every Student Succeeds Act”.
On Page 1, line 16 there is a reference to “protected ACCEPT time” during the regular school day in which there is a The definition for Designated English Language focus on state adopted English language Development is modified to replace “protected time” development (ELD) standards to assist English with descriptive language that addresses the learners. However, “protected time” is not defined. commenter’s concerns. Mary Perry 11300(a) See Recommendation: Attachment PTA recommends that the CDE and State Board 4g define “protected time” in further detail within the regulations that allows for public comment. Otherwise, teachers and parents will not know what to expect nor anticipate for each English learner in terms of their rights and access to ELD.
11300(b) Cynthia Commenters suggest that “The definition of "English REJECT Rice, et al. Learner Parent Advisory Committee must be The proposed regulations are consistent with the See expanded so that it is consistent with current law.” requirements of EC sections 305, 306, 310, 52063,
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Proposed Commenter Comment/Recommendation Agency Response Section Attachment and 52069. 4c Recommendation: (b) "English learner parent advisory committee", Proposed section 11301(b) suggests methods for Martha means the committee established by a school district engaging stakeholders [defined in proposed section Zaragoza- or county superintendent of schools pursuant to 11300(k)], school advisory committees, or other Diaz Education Code sections 52063 and 52069, groups representing stakeholders. See 52176(b) and (c), 62002.5 and 64001(a) and Title 5 Attachment California Code of Regulations sections 11308 and 4a 15495(b).
Liz Guillen See Attachment 4i 11300(d) Cynthia The proposed definition of "language acquisition ACCEPT (in part) Rice, et al. program" is inconsistent with Education Code section The suggested language naming the language See 306. acquisition programs described in EC Section 306(c) Attachment is added to the definition of “language acquisition 4c Recommendation: programs.” “ Language acquisition programs” are educational Martha programs designed for English learners to ensure REJECT (in part) Zaragoza- English acquisition as rapidly and effectively as The provisions of EC sections 305, 306, and 310 are Diaz possible for English learners, that provide required for “language acquisition programs” and See instruction to these pupils on the state-adopted encouraged for “language programs.” Attachment academic content and ELD standards through 4a Integrated and Designated ELD, and shall lead to grade level proficiency and academic Liz Guillen achievement in both English and another See language. Such programs include, but are not Attachment limited to: dual-language immersion, transitional 4i or developmental programs for English learners,
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Proposed Commenter Comment/Recommendation Agency Response Section and Structured English Immersion. Such programs that shall meet the requirements described in section 11309 of this subchapter. 11300(d) Cynthia The proposed definition of "language acquisition ACCEPT (in part) Rice, et al. program" is inconsistent with Education Code section The definition of Structured English Immersion is former See 306. This section narrows the definition of “language deleted from the former proposed section 11300(m) 11300(m) Attachment acquisition programs” by suggesting that such because it is already provided in EC Section 306(c). 4c programs focus solely through English Language Development. It makes no mention of academic REJECT (in part) Martha instruction in languages other than English or the CA The suggested definitions are provided in EC Section Zaragoza- Ed.G.E. goal of “grade level proficiency and academic 306(c), therefore, not necessary in regulations. Diaz achievement in both English and another language.” See It appears that by providing a definition for SEI and Attachment ignoring the others, the purpose was to elevate SEI 4a programs to a status that was not intended by, and is in fact at odds with, CA Ed.G.E. Definitions should Form Letter include Dual Language Immersion, Transitional and See Developmental Language Acquisition Programs. The Attachment definitions must define all language acquisition 4h programs not just Structured English Immersion.
Liz Guillen Recommendation: See Add the two following definitions: Attachment Dual-language immersion programs provide 4i integrated language learning and academic instruction for native speakers of English and native speakers of another language, with the goals of high academic achievement, first and second language proficiency, and cross-cultural understanding.
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Proposed Commenter Comment/Recommendation Agency Response Section Transitional or developmental programs for English learners that provide instruction to pupils that utilizes English and a pupil’s native language for literacy and academic instruction and enables an English learner to achieve English proficiency and academic mastery of subject matter content and higher order skills, including critical thinking, in order to meet state-adopted academic content standards. 11300(d) Cynthia Definitions: REJECT and (e) Rice, et al. The proposed definition of "language acquisition The proposed definitions of “language acquisition See program" is inconsistent with Education Code section programs” and “language programs” are consistent Attachment 306. (Language programs) with EC sections 300, 305, 306, and 310. The 4c According to the ISR, this separate definition is provisions of the statute are required for “language needed to “distinguish between “language acquisition acquisition programs” and encouraged for “language Martha programs” and “language programs”. programs.” Zaragoza- (see letter p. 8/15) Diaz The definition is confusing and creates a new See category of “language program” not referenced in the Attachment CA Ed.G.E. and is inconsistent with Education Code 4a section 306(c). CA Ed. G. E. only specifies language acquisition Form Letter programs and that definition includes “The language See acquisition programs provided to pupils shall be Attachment informed by research and shall lead to grade level 4h proficiency and academic achievement in both English and another language.” Liz Guillen This language should be included in the regulations See and the language program should be deleted. Attachment 4i Recommendation:
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Proposed Commenter Comment/Recommendation Agency Response Section “ Language acquisition programs” are educational programs designed for English learners to ensure English acquisition as rapidly and effectively as possible for English learners, that provide instruction to these pupils on the state-adopted academic content and ELD standards through Integrated and Designated ELD, and shall lead to grade level proficiency and academic achievement in both English and another language. Such programs include, but are not limited to: dual-language immersion, transitional or developmental programs for English learners, and Structured English Immersion. Such programs that shall meet the requirements described in section 11309 of this subchapter. 11300(e) Jorge Commenter provided a copy of the regulations in ACCEPT (in part) 11300(h) Cuevas “track changes” with the recommendations below. The term “multilingual” is incorporated into the current 11311(f) Antillón Commenter also requests that “Dual Language title of Chapter 11, Subchapter 4. The proposed See Immersion, Transitional and Developmental subchapter is now titled “Multilingual and English Attachment Language Acquisition Programs be defined.” Learner Education.” Proposed section 11300((h) 4d defines the term “multilingual,” and proposed section Recommendation: 11311(f) incorporates the same term to describe (e) “Multilingual Language Programs (MLPs)” some program models as “multilingual.” are Language Acquisition P p rograms that are designed to provide opportunities for REJECT (in part) pupils to be instructed in languages other than The recommendation as written is not consistent with English to a degree sufficient to produce EC sections 305(c) or 306. proficiency in those languages, consistent with the provisions of Education Code section 305, subdivision (c). Multilingual Programs include Dual Language Immersion,
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Proposed Commenter Comment/Recommendation Agency Response Section Transitional and Developmental Language Acquisition Programs.
Recommendation: REJECT (i) ” Parents” means the natural or adoptive The current language sufficiently addresses any Jorge parents, legal guardians, or other caretakers person who holds legal rights to make educational Cuevas persons holding the right to make decisions for a child. 11300(i) Antillón educational decisions for the pupil pursuant to See Welfare and Institutions Code section 361 or Attachment 727, or Education Code section 56028 or 4d 56055, including foster parents who hold rights to make educational decisions. On Page 2, line 15 “Stakeholders” means parents, REJECT pupils, teachers, administrators, other school The current language sufficiently addresses any personnel, and interested members of the public. person who holds legal rights to make educational Mary Perry decisions for a child. The use of “parents” in the 11300(k) See Recommendation: remaining regulations is consistent with the statute. Attachment PTA recommends inserting “and families” after 4g parents. We would make the same recommendation throughout the regulations wherever “parents” are referenced. 11301 Form Letter The definition of Parent Engagement must include REJECT See and go beyond the advice of the English Learner The proposed regulations are consistent with the Attachment Advisory Committee. requirements of EC sections 305, 306, 310, 52063, 4h The LCAP process for parent engagement is an and 52069. outreach to all parents not just advisory committees. In addition, the language acquisition programs are for Proposed section 11301(b) suggests methods for English Learners and parents of native English engaging stakeholders [defined in proposed section speakers. Only consulting the LCAP English Learner 11300(k)], school advisory committees, or other
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Proposed Commenter Comment/Recommendation Agency Response Section Advisory Committee does not include engagement of groups representing stakeholders. all parents and is a very limited definition for engagement in the process of establishing language acquisition programs. Recommendation: REJECT On Page 3 beginning on line 18 amend to read: The proposed regulations are consistent with the (a) As part of the development of the LCAP and requirements of EC sections 305, 306, 310, 52063, annual updates, an LEA shall inform and receive and 52069. input from stakeholders, including the English learner Mary Perry parent advisory committee and the parent advisory Proposed section 11301(b) suggests methods for See 11301 committee, and other parent and family engaging stakeholders [defined in proposed section Attachment organizations on school sites including but not 11300(k)], school advisory committees, or other 4g limited to the Parent Teacher Association, school groups representing stakeholders. site councils, and other groups, regarding the LEA’s existing language acquisition programs and language programs, and establishing other such programs. 11301 Cynthia Section 11301 fails to adequately reflect the new REJECT Rice, et al. requirements imposed on districts regarding the The recommended language refers to language See development of language acquisition programs during acquisition programs already included in the statute Attachment the LCAP process. and in proposed section 11300(d), which defines 4c “language acquisition programs.” To avoid Recommendation: duplication, the recommended language is not Martha As part of the development of the LCAP and annual included. Zaragoza- updates, an LEA shall inform and receive input from Diaz stakeholders, including the English learner parent See advisory committee and the parent advisory Attachment committee, regarding the LEA’s existing language 4a acquisition programs and language programs, and establishing other such programs including dual language immersion programs, transitional or
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Proposed Commenter Comment/Recommendation Agency Response Section developmental programs, and Structured English Immersion programs .
Sec. 11301 does not adequately reflect the REJECT changes to Educ. Code §§ 305 and 306 intended This comment references EC sections 305 and 306 to provide notice about access to three programs: and proposed Section 11301 (community “dual-language immersion programs,” engagement), but addresses “notice.” Notice is not “transitional or developmental programs,” and required pursuant to Section 11301 or EC sections Liz Guillen “Structured English Immersion programs.” Sec. 305 and 306. Notice is required pursuant to EC See 11301 11301 does not include reference to these three 310(b)(2), which is addressed in section 11310 of the Attachment programs. Instead, it requires input on “existing proposed regulations. 4i language acquisition programs.” The regulations must provide effective notice to parents and others what types of programs may be available.
Sec. 11301 regarding Community Engagement REJECT should provide more explicit guidance for Proposed Section 11301 is consistent with the capturing in the LCAP input and requests requirements of EC sections 305, 306, 310, 52063, received during the LCAP stakeholder and 52069. Much of this comment addresses matter engagement process, as well as through other outside the content of the proposed regulations. Liz Guillen avenues. The LCAP engagement process, now in its See 11301 fifth year, has left many community stakeholders Attachment dissatisfied that they were heard, much less listened 4i to. We recommend that the LCAP template be reviewed to address this opportunity of providing greater transparency about rights under Proposition 58.
11301 Jorge Recommendation: ACCEPT (in part) Cuevas (a) As part of the development of the LCAP and The term “multilingual” is incorporated into the current
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Proposed Commenter Comment/Recommendation Agency Response Section annual updates, an LEA shall inform and title of Chapter 11, Subchapter 4. The proposed receive input from stakeholders, including the subchapter is now titled “Multilingual and English English L learner P p arent A a dvisory Learner Education.” Proposed section 11300(h) C c ommittee (ELPAC) and the P p arent defines the term “multilingual,” and proposed section A a dvisory C c ommittee (PAC), regarding the 11311(f) incorporates the same term to describe LEA’s existing language acquisition programs some program models as “multilingual.” Antillón (Multilingual and SEI Programs) and See language programs , and establishing other REJECT (in part) Attachment such programs. The comments do not address the content of the 4d regulations. The use of acronyms does not provide additional clarity.
The recommended edits to the program titles are not consistent with EC sections 305 or 306, therefore, not included in this section. 11301, Cynthia The proposed regulations should facilitate broader REJECT 11309, Rice, et al. stakeholder engagement in the creation of language The proposed regulations are consistent with the and See acquisition programs. requirements of EC sections 305, 306, 310, 52063, 11311 Attachment The purpose of 11309 is to “connect Ed Code and 52069. 4c sections 305 and 306 with federal obligations for the creation, implementation and evaluation of language Proposed section 11301(b) suggests methods for Martha acquisition programs for English learners. The engaging stakeholders [defined in proposed section Zaragoza- obligations detailed in that section are supported by 11300(k)], school advisory committees, or other Diaz 20 USC section 1703.” groups representing stakeholders. See Attachment Largely, these obligations are exactly in keeping with 4a the goals of CA Ed.G.E., but more could be done to encourage stakeholder engagement.
In light of California’s strengthened commitment to local control and stakeholder engagement in the
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Proposed Commenter Comment/Recommendation Agency Response Section school funding and planning processes, proposed sections 11301 and 11311 should be amended to require more robust stakeholder engagement and feedback for the development of language acquisition programs.
The amendment to Section 11309 addresses the REJECT need to ensure that schools offer instruction in the The recommended language is beyond the scope of language other than English which is differentiated to the statute and unnecessarily prescriptive given the the individual needs of second language learners provisions of proposed section 11309(c)(3)(B). (English-speakers in this instance) and native David speakers of that language. Dolson 11309 See Recommendation: Attachment (d) When instruction is provided in and through a 4f language other than English, such instruction shall be based on the assessed individual needs of the native speakers of English and the native speakers of the other language.
11310(a) Mary Perry Parental Notice REJECT See The term “parents” is defined in proposed section Attachment Recommendation: 11300(j), and sufficiently addresses any person who 4g Page 6 , lines 31 and 32 amend to read: holds legal rights to make educational decisions for a … ..The notice specified in this section shall include a child, including the ability to request a desired description of the process for parents and families, language acquisition program. along with the timeline and deadlines , to request a EC Section 310 provides parents the opportunity to language acquisition program or language program choose a program that best suits their child from the for their child. available programs, or to request a new language acquisition program at a school site. This provision is open-ended, meaning that there are no timelines
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Proposed Commenter Comment/Recommendation Agency Response Section imposed upon parents as to when they may submit their choices or requests. Parent Notification REJECT There needs to be clarification that notification Proposed sections 11310(a) and 11311(a) specify determining the language acquisition programs are “parents,” which is an inclusive term. Form Letter for all parents to enroll their children. 11310 See Current 5 CCR section 11316 requires that all notices Attachment Recommendation: be provided in English and the parents’ primary 4h All notifications should be available in the languages language, to the extent required under EC Section spoken at that school. 48985. To avoid duplication, the recommended language is not included in proposed section 11310. 11311 Jorge Recommendation: ACCEPT (in part) Cuevas (a) An LEA shall define and name language The recommended language for proposed section Antillón acquisition programs available per site via 11311(h)(1), formerly (g)(1), is incorporated with See information easily accessible to the public. modifications. Attachment Additionally, the LEA shall establish a 4d process for schools of the LEA to receive and The recommended language for proposed section respond to requests from parents of pupils 11311(h)(2), formerly (g)(2), is incorporated with no enrolled in the school to establish language changes. acquisition programs other than, or in addition to, such programs already provided at the REJECT (in part) school. The current language in proposed sections 11310 (c) Each school shall assist parents in clarifying and 11311 is adequate to accomplish the purpose of requests, such as program type, as needed. the recommended language in proposed sections (e) A parent whose pupil is enrolled in a school for 11311(a), (c), (e), and (f), formerly (i). attendance in the next school year may submit a request for a particular language acquisition program. (f) Each school shall monitor the number of parent requests for any language acquisition programs on a regular basis, and notify the
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Proposed Commenter Comment/Recommendation Agency Response Section LEA immediately upon reaching a threshold specified in subdivision (g). (g) When the parents of 30 pupils or more enrolled in a school, or when the parents of 20 pupils or more in the same grade level enrolled in a school, request the same or substantially similar type of a language acquisition program, the LEA shall respond by immediately taking the following actions: (1) Notify the parents of pupils attending the school, the school’s teachers, and administrators, in writing, of the parents’ requests for a language acquisition program, including formal notification to the LEA ELPAC and PAC; (2) Identify costs and resources necessary to implement any new language acquisition program, including but not limited to certificated teachers with the appropriate authorizations, necessary instructional materials, pertinent professional development for the proposed program, and opportunities for parent and community engagement to support the proposed program goals; and
11311 Cynthia The proposed regulations should provide parents with ACCEPT (in part) Rice, et al. a method of appeal. Proposed section 11311(h)(3)(B) is modified to See require that an local educational agency (LEA) Attachment Recommendation: provide a written explanation of the reasons why a 4c In the event that districts do not abide by the language acquisition program will not be requirements of CA EDGE parents should have a implemented. This requirement provides
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Proposed Commenter Comment/Recommendation Agency Response Section mechanism for appeal that is speedy and effective. documentation for parents to approach the local Because considerable time will have elapsed governing board with possible concerns regarding Martha between the request and the denial; and because such a determination, if so desired. Zaragoza- failure to establish a program will necessarily be a Diaz district level decision; we propose that parents be See allowed to appeal directly to the CDE or State Board Attachment of Education. REJECT 4a EC sections 305, 306, and 310 do not provide for a formal appeal process regarding the implementation of a requested language acquisition program.
11311 Cynthia The proposed regulations governing a school ACCEPT (in part) Rice, et al. district's decision on parental requests for a new Proposed section 11311(h)(3)(B) is modified to See language acquisition program should be require that an LEA provide a written explanation of Attachment strengthened to improve notice and avoid delay. the reasons why a language acquisition program will 4c not be implemented. This requirement provides The regulation should make clear the fact that a documentation for parents to approach the local Martha district must implement requested programs, to the governing board with possible concerns regarding Zaragoza- extent possible. such a determination, if so desired. Diaz See Given the language of the Initiative, the burden is on REJECT (in part) Attachment the school district to justify why parental requests for Proposed section 11311 provides LEAs with the 4a a particular language acquisition program will not be process to determine, through an analysis of costs honored when the numerical triggers have been met. and resources, the extent to which it is possible to establish the requested language acquisition Clarification of the circumstances under which a program. district may deny a request is critical to the uniform implementation of the requirements.
Recommendation: Add to section 11311 as new subsection:
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Proposed Commenter Comment/Recommendation Agency Response Section (a) An LEA shall establish and allow enrollment in any language acquisition program requested by parents in accordance with Education Code section 310, to the extent possible.
Add language explaining how "resources necessary" will be used in determining that it is possible or not possible to implement programs requested by parents.
11311(h) Form Letter Procedures, Timeliness and Appeal Process. ACCEPT (in part) See The timeline of 90 calendar days for a school to The timeline for an LEA to determine whether it is Attachment determine whether or not it is practicable to offer such possible to offer a requested language acquisition 4h a program is too long, could cause a year delay in program at a school has been reduced to 60 calendar program implementation and discourage parents to days. This timeline applies only to parent requests to Liz Guillen continue with their request. establish a program not already offered at a school. See Attachment Recommendation: Proposed section 11311(h)(3)(B) is modified to 4i This period should not exceed 20-30 days. require that an LEA provide a written explanation of the reasons why a language acquisition program will In the event the school decides it is not able to offer not be implemented. This requirement provides the program, there needs to be an appeal process documentation for parents to approach the local delineated in the regulations. governing board with possible concerns regarding such a determination, if so desired.
REJECT (in part) The decision to implement a new language acquisition program is based, in part, determining whether it is possible to implement the requested program by conducting an analysis of costs involved and available resources to support the
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Proposed Commenter Comment/Recommendation Agency Response Section implementation of a requested language acquisition program. The time period also includes the creation of a timeline for implementation. Sufficient time must be allocated for LEAs to complete their “due diligence” before arriving at a decision to implement a requested language acquisition program.
EC sections 305, 306, and 310 do not provide for a formal appeal process regarding the implementation of a requested language acquisition program.
11311(h) David The amendment to Section 11311 addresses the ACCEPT (in part) Dolson reality that implementation of a requested language Proposed section 11311(h)(3)(B) is modified to See acquisition program can be denied or significantly require that an LEA provide a written explanation of Attachment delayed by a school for a broad number of reasons the reasons why a language acquisition program will 4f and parents have no statutorily defined recourse. not be implemented. This requirement provides When such programs are denied or significantly documentation for parents to approach the local delayed by a school, parents should be provided, governing board with possible concerns regarding whenever possible, with the option to enroll pupils in such a determination, if so desired. a requested program at another school. REJECT (in part) Recommendation: The recommended language has already been (B) In the case where the LEA determines it is not addressed in proposed section 11311(i). possible to implement a language acquisition program requested by parents, the LEA shall provide an explanation of the reason(s) the program cannot be provided, and shall take reasonable steps to offer may offer a suitable an alternate option that can be implemented at the school as well as enrollment of pupils in the requested language acquisition option at another school in the LEA.
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Proposed Commenter Comment/Recommendation Agency Response Section
Cynthia The regulations should clarify and strengthen the type ACCEPT (in part) Rice, et al. and form of notice required when a school district Proposed section 11311(h)(3)(B) is modified to See denies a parental request for a language acquisition require that an LEA provide a written explanation of Attachment program. the reasons why a language acquisition program will 4c not be implemented. This requirement provides Recommendation: documentation for parents to approach the local Martha Apply the type of language used for denial of waivers governing board with possible concerns regarding 11311(h) Zaragoza- in the regulations for Prop 227, including a full written such a determination, if so desired. Diaz explanation for denial so parents can challenge a See denial if they do not agree. REJECT (in part) Attachment Application of the type of language in the regulations 4a for Proposition 227 is not consistent with EC sections 305 and 310.
11311(h) Cynthia A response time of 90 days to act on parental Notification of Available Programs Rice, et al. requests encourages needless delay. REJECT See EC Section 310(b)(2) requires notice to all parents on Attachment Recommendation: the types of programs available in the district. The 4c The regulations should be revised to include a process for this notice is outlined in proposed section requirement that the district notifying the requesting 11310. Martha parent within 5 school days about whether the Zaragoza- requested program is currently available, or whether Notification That Threshold Has Been Reached Diaz the trigger for such program has or has not been ACCEPT See reached. Districts should have to similarly advise The timeline requiring notification when the parent Attachment requesting parents within five school days after the request threshold has been met at a school is 4a threshold is met if that occurs at a later time. modified to 10 school days in proposed section Finally, the time within which the district must 11311(h)(1). The term “immediately” is deleted from
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Proposed Commenter Comment/Recommendation Agency Response Section determine whether it is possible to implement the 11311(h). This change creates a finite timeline in requested language acquisition program and provide which LEAs are responsible to provide the required notice, in writing, to parents of pupils attending the notification. school, the school's teachers, and administrators, of its determination should be reduced to 30 days. Time to Make a Determination of Implementation ACCEPT (in part) The timeline for an LEA to determine whether or not it is possible to establish a requested language acquisition program at a school has been reduced to 60 calendar days.
REJECT (in part) The decision to implement a new language acquisition program is based on having reached the required threshold of parent requests for a language acquisition program, and determining if it is possible to implement the requested program by conducting an analysis of costs involved and available resources to support the implementation of a requested language acquisition program. The time period also includes the creation of a timeline for implementation. Sufficient time must be allocated for LEAs to complete their “due diligence” before arriving at a decision to implement a requested language acquisition program.
11311 (i) Cynthia Proposed regulation section 11311(i) is inconsistent ACCEPT Rice, et al. with Education Code section 310. (Making a Proposed section 11311(f), formerly (i), is amended See distinction between parents of EL students and to replace the term “may” with “shall.” Attachment parents of native English speakers as regards the
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Proposed Commenter Comment/Recommendation Agency Response Section requests for a language acquisition program.) 4c Recommendation: Martha Proposed section 11311(i) should read as follows: Zaragoza- (i) A school may shall consider requests from Diaz parents of pupils enrolled in the school who See are native speakers of English when Attachment determining whether a threshold specified in 4a subdivision (g) is reached.
Cynthia Section 11316 should be clarified to ensure that REJECT Rice, et al. notice is provided in the primary language whenever Current section 11316 is consistent with EC Section See practicable. 48985. Attachment 4c Recommendation: § 11316. Language of Parental Notice to Parents Martha or Guardians. Zaragoza- All notices and other communications to parents or Diaz guardians required or permitted by these regulations 11316 See must be provided in English and in the parents' or Attachment guardians’ primary language unless provision of 4a such notice is impracticable. to the extent required under Education Code section 48985. Liz Guillen See Attachment 4i
1 210-30-17 California Department of Education
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