STATE BOARD OF EDUCATION
EMERGENCY REGULATIONS FOR PROPOSITION 227
Jill Kerper Mora, Ed.D.
San Diego State University
- Title 5, California Code of Regulation
- Division 1, Chapter 11
- English Language Education for Immigrant Children
- The provisions are cited directly from the SBE text and followed by
- 3. Adopt Section 11301. to read:
- § 11301. Knowledge and Fluency in English.
- (a) For purposes of "a good working knowledge of English" pursuant to
- Education Code Section 305 and "reasonable fluency in English" pursuant
- Education Code Section 306(c), an English learner shall be transferred
- a structured English immersion classroom to an English language
- classroom when the pupil has acquired a reasonable level of English
- proficiency as measured by any of the state-designated assessments
- by the California Department of Education, or any locally developed
- "Reasonable level of English proficiency" appears to be whatever
- districts wish to define it to be. There is absolutely no
- here--no indication of what this term means in terms of language
- literacy skills, or academic achievement. Language educators
- proficiency in terms of a placement on a five point scale,
equivalent to the
- Foreign Service Institute scale. A uniform system of rating is used
- educators can have a common set of terms of reference or measures.
- no such scale been adopted here? On what sound pedagogical
principles will a
- definition of "reasonable" be based--reasonable for what purpose?
- guidelines offer no guarantee that students will demonstrate
- the mainstream. Nor does this definition ensure continuation in
- immersion is justified.
- (b) At any time, including during the school year, a parent or guardian
- have his or her child moved into an English language mainstream
- This presupposes that immersion classrooms and mainstream
classrooms will be
- distinct entities whereby students can be "moved" from one to
- this provision, and do these guidelines, mandate such a tracking and
- grouping system within the schools? How is the decision made as
- starts out in immersion in the first place? On what basis? Can a
- decide that their child should merely start out in the mainstream,
- this move can take place at any time? Although this sounds like a
- concession to parents whose children may be segregated into groups
- children with similar levels of English proficiency, are the schools
- ready to contend with the number of student transfers that may
- reasons for moving students out of immersion may not be
- Mainstream teachers will have to contend with receiving new
- minimal skills in English at any time during the year? Does a
- election to move a child into a mainstream class presume the
- appropriate services for overcoming language barriers referred to
- Section 11302?
- (c) An English learner may be re-enrolled in a structured English
- program not normally intended to exceed one year if the pupil has not
- achieved a reasonable level of English proficiency as defined in Section
- 11301 unless the parents or guardians of the pupil object to the extended
- This regulation does not say by whom the child will be re-enrolled.
- implies that school officials will make this decision unless parents
- At what point in the school year will parents be informed of the
- decision or recommendation regarding re-enrollment? How will
this be done,
- orally or in writing? Which will be the "default mode" if the
- not provided consent in written form to re-enrollment? How do
- for staffing, materials, etc. based on the uncertainty inherent in
- informed consent procedures?
- The language of Proposition 227 clearly indicates that it will only
- other than "normal" circumstances that a child would need to re
- the State Board require the collection of statistics on the numbers
- students recommended or opting for re-enrollment? Will these
- released to the public for purposes of school accountability?
- 4. Adopt Section 11302. to read:
- § 11302. Services for English Language Learners.
- School districts shall continue to provide additional and appropriate
- educational services to English learners in kindergarten through grade
- for the purposes of overcoming language barriers until the English
- a) demonstrated English-language proficiency comparable to that of the
- school district's average native English-language speakers; and
- b) recouped any academic deficits which may have been incurred in other
- areas of the core curriculum as a result of language barriers.
- These appear to be "exit criteria" for the provision of special
- They are actually more stringent that the former re-designation
- than under Chacon-Moscone. The "average native English-language
- will score between in the 40-60 percentile on a standardized
- What is unclear is what the "appropriate educational servicesfor
- language barriers" are. Nor is it clear how academic deficits,
- anticipated in this statement, are to be recouped. What are these
- Who will pay for these services, the state or the school districts?
- Apparently, the Office of Civil Rights and other federal agencies
- the ones to monitor whether or not they are "appropriate." No
where is it
- stated whether, or how, these services will be judged to be
- § 11303. Parental Exception Waivers.
- (a) Parents and guardians must be informed of the placement of their
- children in a structured English immersion program and must be notified
- an opportunity to apply for a parental exception waiver.
- What criteria will be used for placement? How much description of
- child's actual learning situation and grouping will be provided?
- 1) Parents and guardians must be provided with a full written
- and upon request from a parent or guardian, a spoken description of the
- structured English immersion program and any alternative courses of
- and all educational opportunities offered by the school district and
- available to the pupil. The descriptions of the program choices shall
- address the educational materials to be used in the different options.
- How can school district's comply with this provision unless they
- designed the SEI program, adopted and purchased materials, and
- all "alternative courses of study." This provision appears to
- there will be an established bilingual education program that can
- to parents, even before the parental exception waiver process
- sufficient waivers are granted to form a class of alternative study.
- there is a full disclosure and description of programs, districts
- guilty of "false advertising" for failure to deliver on their
- Also, what procedures will be in place to ensure that school
- fact present information in ways parents can understand in order to
- informed decisions. Issues of linguistically appropriate instruction
- complex. What measures will be taken to ensure that the
- given by qualified administrators and teachers, and not by clerical
- other unqualified individuals?
- (3) Parental exception waivers shall be granted unless the school
- and educational staff have substantial evidence that the alternative
- requested by the parent would not be better suited for the pupil.
- This provision does not make clear to whom the school principal
- educational staff must "make their case" if a waiver is denied.
- 3 (b) All parental exception waivers shall be acted upon by the school
- within twenty (20) instructional days of submission to the school
- However, parental waiver requests under Education Code section 311(c)
- not be acted upon during the thirty- (30)-day placement in an English
- language classroom. These waivers must be acted upon either no later
- ten (10) calendar days after the expiration of that thirty- (30)-day
- language classroom placement or within twenty (20) instructional days
- submission of the parental waiver to the school principal, whichever is
- This appears to say, by not saying otherwise, that parental
- waivers can be submitted at any time after the 30 days and that
they must be
- acted upon within two weeks of the end of the 30 day period. What
- "acted upon" mean?--Either granted or denied, or actually having
- placed in an "alternative course of instruction"? At what point does
- school district have to pull together a program for the waiver
- the numbers reach 20 at the school at any point during the school
- parents have the right to demand the formation of an "alternative
- instruction"? These "alternative" programs will only operate for
- of the nine month school year. How will parity of curriculum and
- quality be assured under fewer numbers of days of instruction?
- These provisions appear to establish conditions whereby at the end
- required 30 days plus the 10-20 day administrative requirement
- processing waivers, or before for mainstream placements, most or
- students could transfer out of an immersion classroom. What would
- district do if this occurs? Will there be a minimum number of
- before an immersion class would either operate after the required
- period or would these classes be cancelled?
- (a) Upon written request of the State Board of Education, school district
- governing boards shall submit any guidelines or procedures adopted
- to Education Code section 311 to the State Board of Education for its
- This appears to be an approval process of some sort, or is this
- informational purposes? The law says that these guidelines must be
- by the SBE. To whom is the SBE accountable for establishing
- evaluating school districts' guideline? Is there an appeals process
- school districts? This is an important provision. However, there
must be a
- balance between school districts' rights to local control and
- abused according to the spirit of 11303 (3) above.
- (b) Any parent or guardian who applies for a waiver under Education Code
- section 311 may request a review of the school district's guidelines or
- procedures by the State Board of Education. The sole purpose of the
- shall be to make a determination as to whether those guidelines or
- procedures comply with the parental exception waiver guidelines set
- Section 11303.
- Apparently parents can only see the guidelines if they are applying
- waiver, and then for the "sole purpose" of making sure that the
- guidelines are congruent with the provisions of Proposition 227.
What is the
- intent of this regulation? Why is there a need to limit the purpose
- which parents can review the guidelines? Is it even possible to
- purpose of such a review?
- 7. Adopt Section 11305. to read:
- § 11305. Community Based English Tutoring.
- (b) The governing boards of local educational agencies may disburse these
- funds at their discretion to carryout the purposes of this section. Local
- educational agency governing boards shall require providers of adult
- language instruction which receive funds authorized by Education Code
- sections 315 and 316 to maintain evidence that adult program
- have pledged to provide personal English language tutoring to California
- school pupils with limited English proficiency.
- It is not clear if whether this provision calls for evidence of
- evidence that pledges are being carried out. Proposition 227
- direct this funding to the parents of LEP students. This provision is
- unclear regarding who will be the recipients of these adult
- Therefore, it appears to expand the benefits of these programs far
- the group for whom they were intended.
- Jill Kerper Mora
- San Diego State University
- School of Teacher Education NE 92
- San Diego, CA 92182-1153
- Office 619 594-6110
- FAX 619 594-7828