2005 California Education Code Sections 400-410 CHAPTER 4. ENGLISH LANGUAGE ACQUISITION PROGRAM

400.  (a) The Legislature finds and declares that English language
proficiency is critical to academic success.  It is, therefore, the
intent of the Legislature to enact the English Language Acquisition
Program to improve the English proficiency of California pupils, so
that those pupils are better able to meet the state's academic
content and performance standards.  It is the intent of the
Legislature that the pupils participating in this program meet grade
level English language development standards established pursuant to
Section 60811, as well as grade level standards in reading, writing,
mathematics, science, and history/social science established pursuant
to Section 60605.
   (b) It is the intent of the Legislature that the English Language
Acquisition Program be administered consistent with research-based
strategies for teaching English language learners, as well as the
program set forth in Chapter 3 (commencing with Section 300), as
applicable.
   (c) It is further the intent of the Legislature that the data
developed through this program be used to inform curriculum,
instruction, assessment, research, inservice staff development, and
teacher preparation regarding use of the most effective practices for
teaching English language learners.
402. The Legislature hereby establishes the English Language
Acquisition Program designed for pupils enrolled in grades 4 to 8,
inclusive.
404.  (a) (1) The Superintendent of Public Instruction shall
allocate to each participating local educational agency, for each
pupil enrolled in any of grades 4 to 8, inclusive, and identified as
eligible for participation in the program established pursuant to
this chapter one hundred dollars ($100) per school year.
   (2) If the available funding is insufficient to support the
minimum allocation set forth in paragraph (1), the Superintendent of
Public Instruction shall give priority for funding to schools with
the highest proportion of pupils enrolled who are identified as
English language learners.
   (b) (1) From funds appropriated specifically for this purpose,
local educational agencies may receive an allocation of one hundred
dollars ($100) on a one-time basis for each English language learner
enrolled in kindergarten or any of grades 1 to 12, inclusive, who is
reclassified to English-fluent status.  Each local educational agency
applying for an allocation pursuant to this subdivision shall
describe the procedures and criteria for reclassification of English
language learners to English-fluent status.  A local educational
agency may not claim funding pursuant to subdivision (a) for any
pupil who has been classified as fluent in the English language if
the local educational agency has received funding on behalf of that
pupil pursuant to this subdivision.  In order to be eligible for
funding pursuant to this subdivision, a local educational agency
shall implement the English language development assessment
established pursuant to Section 60810.
   (2) This subdivision shall only be implemented upon adoption of
English language development standards by the State Board of
Education pursuant to Section 60811.
   (c) Not later than 60 days after the effective date of the act
adding this section, the Superintendent of Public Instruction shall
notify local educational agencies of the availability of funds for
the English Language Acquisition Program.  For purposes of this
chapter, "local educational agency" means a school district, charter
school, or county office of education.  Each local educational agency
shall have the opportunity to request funds appropriated for the
purposes of this chapter not later than 60 days after the
notification from the Superintendent of Public Instruction.
   (d) As a condition of receiving funds under subdivision (a), each
local educational agency shall certify that it will do all of the
following:
   (1) Conduct academic assessments of English language learners to
ensure appropriate placement of those pupils.  The assessments shall
include:
   (A) Initial assessment of English language learners to determine
their English proficiency level.
   (B) Ongoing assessment conducted at least annually to ensure
accurate placement of English language learners, to communicate
progress, and to provide formative assessment information to refine
the program.  Assessment measures shall include, but are not limited
to, the state standardized testing and reporting program required by
Section  60640, unless a pupil is exempted by law, and the English
language development assessment instrument to be developed pursuant
to Section  60810, when it is developed.
   (2) Provide a program for English language development instruction
to assist pupils in successfully achieving the English language
development standards adopted by the State Board of Education
pursuant to Section 60811.  The program shall include structured
immersion instruction to be provided for English learners, such as
specially designed academic instruction in English and sheltered
English strategies to ensure access by English language learners to
the core curriculum, unless the local educational agency has obtained
a waiver pursuant to Section 310.
   (3)  Provide supplemental instructional support, such as
intersession, before and after school opportunities or summer school,
to provide English language learners with continuing English
language development.  These opportunities are to supplement the
regular school program and may include, but are not limited to,
newcomer centers and tutorial support, mentors, or any other program
that meets the objectives of the program established pursuant to this
chapter.  Academic support services needed to provide these
opportunities may be funded by this program.
   (4)  Coordinate services and funding sources available to English
language learners, including, but not limited to, community-based
English tutoring programs established pursuant to Article 4
(commencing with Section 315) of Chapter 3, programs for at-risk
youth, after-school, intersession, and summer school programs,
reading programs established pursuant to Chapter 16 (commencing with
Section 53025) of Part 28 and any available federal funds.  The local
educational agency shall also certify that it integrates adult
community-based tutoring resources with the program established
pursuant to this chapter.
   (e) Funding allocated pursuant to this chapter shall supplement
existing resources supporting language acquisition for English
language learners in grades 4 to 8, inclusive.  Funds may be used for
any of the purposes identified in the program established pursuant
to this chapter.
   (f) Funding for this program is contingent on an appropriation
specifically for this purpose in the annual Budget Act or any other
measure.
406.  (a) The Regents of the University of California are requested
to authorize the President of the University of California or his or
her designee to jointly develop English Language Development
Professional Institutes with the Chancellor of the California State
University, the Chancellor of the California Community Colleges, the
independent colleges and universities, and the Superintendent of
Public Instruction, or their designees.  In order to provide maximum
access, the institutes shall be offered at sites widely distributed
throughout the state, which shall include programs offered through
instructor-led, interactive online courses, in accordance with
existing state law.  In order to maximize access to teachers and
administrators who may be precluded from participating in an onsite
institute due to geographical, physical, or time constraints, each
institute shall accommodate at least 5 percent of the participants
through existing state approved online instructor-led courses,
programs, or both.  The California subject matter projects, an
intersegmental, discipline-based professional development network
administered by the University of California, is requested to be the
organizing entity for the institutes and followup programs.
   (b) (1) Commencing in the 1999-2000 academic year, the institutes
shall provide instruction for school teams from each school
participating in the program established pursuant to this chapter.
Commencing in the 2000-01 academic year, the institutes may provide
instruction for school teams serving English language learners in
kindergarten and grades 1 to 12, inclusive.  A school team shall
include teachers who do not hold crosscultural or
bilingual-crosscultural certificates or their equivalents, teachers
who hold those certificates or their equivalents, and a schoolsite
administrator. The majority of the team shall be teachers who do not
hold those crosscultural certificates or their equivalents.  If the
participating school team employs instructional assistants who
provide instructional services to English language learners, the team
may include these instructional assistants.
   (2) Commencing in July 2000, the English Language Development
Institutes shall provide instruction to an additional 10,000
participants.  These participants shall be in addition to the 5,000
participants authorized as of January 1, 2000.  Commencing July 2001,
and each fiscal year thereafter, the number of participants
receiving instruction through the English Language Development
Institutes shall be specified in the annual Budget Act.
   (3) Criteria and priority for selection of participating school
teams shall include, but not necessarily be limited to, all of the
following:
   (A) Schools whose pupils' reading scores are at or below the 40th
percentile on the English language arts portion of the achievement
test authorized by Section 60640.
   (B) Schools in which a high percentage of pupils score below grade
level on the English language development assessment authorized by
Section 60810, when it is developed.
   (C) Schools with a high number of new, underprepared, and
noncredentialed teachers.  Underprepared teachers shall be defined as
teachers who do not possess a crosscultural or
bilingual-crosscultural certificate, or their equivalents.
   (D) Schools in which the enrollment of English language learners
exceeds 25 percent of the total school enrollment.
   (E) Schools with a full complement of team members as described in
paragraph (1).
   (4) In any fiscal year, if funding is inadequate to accommodate
the participation of all eligible school teams, first priority shall
be given to schools meeting the criteria set forth in subparagraph
(C) of paragraph (3).
   (c) Each team member who satisfactorily completes an institute
authorized by this section shall receive a stipend, commensurate with
the duration of the institute, of not less than one thousand dollars
($1,000) nor more than two thousand dollars ($2,000), as determined
by the University of California.
   (d) Instruction provided by the institutes shall be consistent
with state-adopted academic content standards and with the English
language development standards adopted pursuant to Section 60811.
   (e) (1) Instruction at the institutes shall consist of an
intensive, sustained training period of no less than 40 hours nor
more than 80 hours during the summer or during an intersession break
or an equivalent instructor-led, online course and shall be
supplemented during the following school year with no fewer than 80
hours nor more than 120 hours of instruction and schoolsite meetings,
held on at least a monthly basis, to focus on the academic progress
of English language learners at that school.
   (2) Instruction at the institutes shall be of sufficient scope,
depth, and duration to fully equip instructional personnel to offer a
comprehensive and rigorous instructional program for English
language learners and to assess pupil progress so these pupils can
meet the academic content and performance standards adopted by the
State Board of Education.  The instruction shall be designed to
increase the capacity of teachers and other school personnel to
provide and assess standards-based instruction for English language
learners.
   (3) The instruction shall be multidisciplinary and focus on
instruction in disciplines for which the State Board of Education has
adopted academic content standards.  The instruction shall also be
research-based and provide effective models of professional
development in order to ensure that instructional personnel increase
their skills, at a minimum, in all of the following:
   (A) Literacy instruction and assessment for diverse pupil
populations, including instruction in the teaching of reading that is
research-based and consistent with the balanced, comprehensive
strategies required under Section 44757.
   (B) English language development and second language acquisition
strategies.
   (C) Specially designed instruction and assessment in English.
   (D) Application of appropriate assessment instruments to assess
language proficiency and utilization of benchmarks for
reclassification of pupils from English language learners to fully
English proficient.
   (E) Examination of pupil work as a basis for the alignment of
standards, instruction, and assessment.
   (F) Use of appropriate instructional materials to assist English
language learners to attain academic content standards.
   (G) Instructional technology and its integration into the school
curriculum for English language learners.
   (H) Parent involvement and effective practices for building
partnerships with parents.
   (f) It is the intent of the Legislature that a local educational
agency or postsecondary institution that offers an accredited program
of professional preparation consider providing partial and
proportional credit toward satisfaction of the course requirements to
an enrolled candidate who satisfactorily completes a California
English Language Development Institute program if the program has
been certified by the Commission on Teacher Credentialing as meeting
preparation standards.
   (g) Nothing in this section shall be construed to prohibit a team
member from attending an institute authorized by this section in more
than one academic year.
   (h) This section shall not apply to the University of California
unless and until the Regents of the University of California act, by
resolution, to make it applicable.
408.  (a) The Legislature finds and declares that an evaluation of
the program established pursuant to this chapter is desirable and
necessary, and accordingly, requires all of the following:
   (1) No later than October 1, 2003, each local educational agency
that receives funding through the program established pursuant to
this chapter shall submit a report to the Superintendent of Public
Instruction that includes:
   (A) An assessment of the effectiveness of that local educational
agency in assisting English language learners in achieving state
academic content and performance standards, including:
   (i) Increasing school rates of redesignation of pupils from
English language learners to English fluency.
   (ii) Increasing high school completion rates of English language
learners.
   (iii) Improving test scores assessing English language development
as well as grade level standards in reading, writing, mathematics,
science, and history/social science established pursuant to Sections
60640 and 60811.
   (B) Problems encountered in the design and operation of the
program, including identification of any federal, state, or local
statute or regulation that impedes program implementation.
   (2) The Superintendent of Public Instruction shall contract for an
independent evaluation of the effectiveness of funds awarded under
this chapter in assisting local educational agencies in implementing
the English Language Acquisition Program.  No later than April 1,
2004, the Superintendent of Public Instruction shall submit to the
Governor and the Legislature the results of the evaluation, and a
summary of the reports submitted to the superintendent pursuant to
this subdivision.
   (b) The evaluation shall focus on the extent to which goals and
objectives have been met and shall include recommendations for
modifications to the program to achieve those goals.  The evaluation
shall also compare the success of participating local educational
agencies in meeting the goals and objectives to local educational
agencies not participating in the program and shall take into
consideration comparisons to schools with similar characteristics.
   (c) Additional independent evaluations may be conducted by the
Superintendent of Public Instruction subject to additional funding
being made available for purposes of this chapter in subsequent
fiscal years.
410.  (a) Subject to funds appropriated therefor in the annual
Budget Act or any other measure, the California Research Bureau of
the California State Library shall convene a broadly diverse group to
examine the available research on English language acquisition by
English language learners.  This research shall include evaluations
of English language acquisition programs that demonstrate success in
assisting English language learners in being redesignated as fluent
in English, as well as achieving academic progress.  The research
shall include short-term strategies that may be made available to
local educational agencies as soon as practicable, as well as
long-term research that may provide for case studies and model
programs distributed to local educational agencies pursuant to
paragraph (c).
   (b) The Superintendent of Public Instruction shall compile a
compendium of model programs identified in subdivision (a) that
demonstrate success in assisting English language learners in being
redesignated as fluent in English, and shall provide this compendium
in a program advisory to local educational agencies.
   (c) The Superintendent of Public Instruction shall provide the
compendium of model programs identified in subdivision (a) that
demonstrate success in teaching strategies and methodologies to
institutions of higher education and other institutions that offer
teacher training programs so that these strategies may be considered
for inclusion in teacher training programs.