SECTIONS 313 - California Statutes

EDUCATION CODE

SECTION 313

313. (a) Each school district that has one or more pupils who are
English learners shall assess each pupil's English language
development in order to determine the level of proficiency for the
purposes of this chapter.
(b) The State Department of Education, with the approval of the
State Board of Education, shall establish procedures for conducting
the assessment required pursuant to subdivision (a) and for the
reclassification of a pupil from English learner to proficient in
English.
(c) Commencing with the 2000-01 school year, the assessment shall
be conducted upon initial enrollment, and annually, thereafter,
during a period of time determined by the Superintendent of Public
Instruction and the State Board of Education. The annual assessments
shall continue until the pupil is redesignated as English proficient.
The assessment shall primarily utilize the English language
development test identified or developed by the Superintendent of
Public Instruction pursuant to Chapter 7 (commencing with Section
60810) of Part 33. Prior to completion of the English language
development test, a school district shall use either an assessment
instrument developed by the school district or an assessment
recommended by the State Department of Education.
(d) The reclassification procedures developed by the State
Department of Education shall utilize multiple criteria in
determining whether to reclassify a pupil as proficient in English,
including, but not limited to, all of the following:
(1) Assessment of language proficiency using an objective
assessment instrument, including, but not limited to, the English
language development test pursuant to Section 60810.
(2) Teacher evaluation, including, but not limited to, a review of
the pupil's curriculum mastery.
(3) Parental opinion and consultation.
(4) Comparison of the pupil's performance in basic skills against
an empirically established range of performance in basic skills based
upon the performance of English proficient pupils of the same age,
that demonstrates whether the pupil is sufficiently proficient in
English to participate effectively in a curriculum designed for
pupils of the same age whose native language is English.
(e) It is the intent of the Legislature that nothing in this
section preclude a school district or county office of education from
testing English language learners more than once in a school year if
the school district or county office of education chooses to do so.