AMENDED IN SENATE AUGUST 20, 2026

AMENDED IN SENATE AUGUST 13, 2026

AMENDED IN SENATE JUNE 10, 2026

AMENDED IN ASSEMBLY APRIL 15, 2026

AMENDED IN ASSEMBLY MARCH 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

URGENCY STATUTE

Introduced by Assembly Member Patel

(Coauthors: Assembly Members Bonta, Hoover, Lowenthal, Macedo, Muratsuchi, Pellerin, Rivas, and Zbur)

February 20, 2026

An act to amend Section Sections 51101 and 51225.33 of, to amend and renumber Section 313.3 of, to amend, repeal, and add Section 313 of, to add Sections 313.3, 313.4, 313.6, 313.7, 313.8, and 313.9 to, and to repeal and add Section 313.5 of, the Education Code, relating to English learners, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

Vote: 2/3   Appropriation: yes   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, to assess the English language development of each pupil in order to determine the pupil’s level of proficiency, as specified. Existing law requires the assessment for initial identification to be conducted upon the initial enrollment of a pupil, as provided. Existing law requires the State Department of Education, with the approval of the State Board of Education, to establish procedures for conducting the assessment and for the reclassification of a pupil from English learner to English proficient. Existing law requires those reclassification procedures to use multiple criteria in determining whether to reclassify a pupil as proficient in English, including, (1) an assessment of language proficiency using an objective assessment instrument, including the English language development test that is developed or acquired by the Superintendent of Public Instruction, (2) teacher evaluation, (3) parental opinion and consultation, and (4) a comparison of the performance of the pupil 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.

Existing law provides that parents and guardians of children enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as specified, including by, among other things, meeting with their child’s teacher or teachers and the principal of the school in which their child is enrolled within a reasonable time of their request.

This bill would make the provisions related to reclassification procedures inoperative on July 1, 2027, and would repeal them as of January 1, 2028.

Commencing July 1, 2027, this bill would require a school district, county office of education, or charter school to communicate to the parent or guardian of a pupil who is determined to be an English learner in a clear, concise, and comprehensible manner specified information regarding the pupil, including, among other things, that the pupil has been classified as an English learner, that the parent or guardian is encouraged to engage as a partner with the school, as provided, and that the pupil will take an assessment each year to measure the pupil’s progress toward becoming proficient in English. The bill would instead require that an English learner pupil who, in the 2025–26 school year or any school year thereafter, meets the score established by the state board for purposes of reclassification on an assessment of English language proficiency identified or developed by the Superintendent, pursuant to specified provisions, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency, as provided, be reclassified as English proficient. proficient, as specified. Commencing July 1, 2027, the bill would require the department, as those pupil scores become available, to record the pupils who meet the scores established by the state board as reclassified in the appropriate data system. After a pupil is reclassified, the bill would require a local educational agency to ensure that the pupil’s instructional program and placement reflects that the pupil is a reclassified pupil and communicate to the pupil’s parent or guardian that their child has been reclassified, as provided. Commencing July 1, 2028, and subject to the availability of rubrics and sample alternate pupil work and performance tasks described below, the bill would require a pupil who (1) is an English learner, (2) has an individualized education program (IEP), (3) received English language development instruction but has not achieved the proficiency level required for purposes of reclassification, (4) has used all designated supports and accommodations and any domain exemptions required by the pupil’s IEP, and (5) either scored an overall performance level that is one level below the level established by the state board for purposes of reclassification, or, as applicable, received any score on the statewide alternate assessment for English language proficiency, and whose local educational agency determines that the pupil has demonstrated, through the use of specified alternate coursework and performance tasks, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the assessment of English language proficiency or the statewide alternate assessment for English language proficiency, to be reported to the department by the local educational agency as reclassified as English proficient. The bill would require a local educational agency, for a pupil who has been reclassified as English proficient, to monitor the pupil’s progress to ensure, among other things, that English proficiency is not a barrier to the pupil’s academic success, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

This bill would provide that, commencing January 1, 2027, parents or guardians of children enrolled in public schools also have the right to, among other things, meet with their child’s teacher or teachers to discuss their child’s progress toward reaching proficiency in English, as provided. By imposing new duties on public schools, the bill would impose a state-mandated local program.

This bill would require the state board, on or before January 1, 2028, to identify (1) means of monitoring reclassified pupils for 4 years after reclassification and (2) an appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners, as provided. The bill would require the department, on or before January 1, 2028, to identify appropriate interventions for pupils who have been determined as needing additional support for their English language, as provided. Commencing with the 2027–28 school year, and subject to state and federal law regarding the privacy of pupil information, the bill would require the department to annually post on its internet website the reclassification rates of each local educational agency and charter school, statewide reclassification rates, and outcomes of reclassified pupils, as provided.

This bill, subject to an appropriation for these purposes, bill would require the department or a county office of education Sacramento County Office of Education to utilize the same funding described above to (1) contract for the development of develop rubrics and sample alternate pupil work and performance tasks to enable pupils who are English learners and have IEPs to demonstrate proficiency for purposes of reclassification, and (2) post submit the completed rubrics and sample alternate pupil work and performance tasks on its internet website to the department on or before January 1, 2028, and (3) 2028. By expanding the purposes for which previously appropriated funds may be used, this bill would make an appropriation. The bill would require the department to (1) post the completed rubrics and sample alternate pupil work and performance tasks submitted by the Sacramento County Office of Education on its internet website on or before June 30, 2028, and (2), subject to an appropriation for these purposes, contract for an evaluation of the effects of the changes to the reclassification criteria and process required by the bill to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032, as provided.

This bill would delete obsolete provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would declare that it is to take effect immediately as an urgency statute.

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

SECTION 1.

(a) The Legislature finds and declares all of the following:

(1) California’s vision for English learner success, as articulated in the California English Learner (EL) Roadmap Policy, adopted by the State Board of Education in 2017, is that English learners attain high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages. The EL Roadmap Policy also states that California schools should value and seek to build upon the cultural and linguistic assets pupils bring to their education. California’s system for reclassifying pupils as fully English proficient is a critical part of realizing this vision.

(2) The Legislature recognizes the importance of the English learner classification, as this classification entitles pupils to specialized support for their English language development.

(3) The Legislature also recognizes that reclassification policies must be carefully designed to avoid reclassifying pupils too early, which can leave pupils with insufficient English proficiency to succeed academically, and reclassifying pupils too late, which can restrict pupils’ opportunity to learn and segregate them from their peers.

(4) California’s reclassification system was established nearly 50 years ago through amendments to the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of Title 2 of the Education Code) and has not materially changed since then.

(5) Federal law requires states to establish and implement standardized, statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status. Since the passage of this law, the number of states with one criterion for reclassification has doubled, and as of 2023, 44 states use only a pupil’s English language proficiency as the sole criterion for reclassification. California is the only state using four criteria.

(6) Many of California’s systems, including its accountability, support, and finance systems, are built on the assumption that the state has a consistent definition of “English learner” around the state.

(7) However, research shows that the current system is characterized by inconsistency, redundancy, subjectivity, and complexity, and is highly influenced by different mindsets about reclassification.

(8) According to research by the Learning Policy Institute, roughly one-half of all English learners who are not reclassified by the end of elementary school scored proficient on the state’s assessment of English language proficiency. This means that roughly one-half of long-term English learners statewide are proficient in English.

(9) Research also indicates that there are significant gaps in reclassification rates by home language. This holds true even for pupils scoring at the same proficiency level on the assessment of English language proficiency.

(10) On average, it takes 226 days for a pupil who scores proficient in English to be reclassified, and many pupils score proficient for multiple years before they are reclassified.

(11) Factors unrelated to English proficiency, such as attendance, behavior, discipline, and homework completion, are often incorporated into reclassification decisions. Grades, which often incorporate nonacademic measures and are inconsistent from teacher to teacher, are also frequently used.

(12) Many school districts use more measures, and a higher level of rigor on those measures, than is necessary. According to the Public Policy Institute of California, as of 2025, 52 percent of school districts use two assessments for the basic skills criterion and 30 percent of school districts use three.

(13) Local educational agencies also report that reclassification for English learners with an individualized education program whose disability affects their ability to show proficiency in English is highly challenging.

(14) California has invested in the development of alternative coursework and performance tasks for educators to use for pupils with disabilities who are not eligible for the statewide alternate assessments so that those pupils can demonstrate completion of the state graduation requirements through alternate means.

(15) While the current reclassification criteria require a consultation with parents about reclassification, parents report that communication about reclassification is ineffective, piecemeal, and disjointed, and deprives them of the opportunity to engage as partners with schools to support their children’s language development.

(16) Federal law requires that local educational agencies monitor reclassified English learners for four years after they are reclassified. Unlike some other states, California does not have a standardized system of monitoring for these pupils.

(b) It is the intent of the Legislature to reform the state’s reclassification system to make it standardized, efficient, transparent, consistent with current state English learner policies, and accessible to parents, and to emphasize that reclassification is a milestone on the path to biliteracy.

SEC. 2.

Section 313 of the Education Code is amended to read:

313.

(a) Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.

(b) The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient.

(c) Commencing with the 2000–01 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.

(d) (1) This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 2013–14 school year, whichever occurs later.

(2) The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.

(3) The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.

(A) If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior year’s annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.

(B) If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2).

(4) Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.

(e) The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations.

(f) (1) An English learner pupil who, in on the 2025–26 or 2026–27 school year, administration of a summative assessment, meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations, shall be reclassified as English proficient. The pupil shall be considered reclassified as English proficient as of the date that day after the pupil demonstrated proficiency through one of these assessments.

(g) This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.

(h) For purposes of this section, “initial enrollment” does not include enrollment in a transitional kindergarten program.

(i) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.

SEC. 3.

Section 313 is added to the Education Code, to read:

313.

(a) The Legislature finds and declares that federal law requires states to establish and implement standardized statewide reclassification procedures for English learner pupils to enter and exit from English learner programs, services, and status (20 U.S.C. Sec. 6821 et seq.). This section and Sections 313.3, 313.4, and 313.8 section, Sections 313.3 and 313.4, and subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 include the state’s standardized entry and exit procedures.

(b) Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter.

(c) The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (b).

(d) (1) The assessment shall be conducted upon initial enrollment, and annually thereafter, during a period of time determined by the Superintendent Education Commissioner and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall use the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.

(2) The determination of a pupil’s eligibility to take the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations may be made before a determination that the pupil is eligible to take the alternate performance assessment in English language arts or mathematics, as authorized by Section 60640.

(e) (1) The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent Education Commissioner with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily use the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.

(2) The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner.

(A) If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (1), the prior year’s annual assessment for the grade in which the pupil is enrolling shall be used for this purpose.

(B) If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (1), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (1).

(3) Notwithstanding paragraph (1), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2 or subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.

(f) The assessments conducted pursuant to subdivision (e) shall be conducted in a manner consistent with federal statutes and regulations.

(g) This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so.

(h) For purposes of this section, “initial enrollment” does not include enrollment in a transitional kindergarten program.

(i) This section shall become operative on July 1, 2027.

SEC. 4.

Section 313.3 of the Education Code is amended and renumbered to read:

314.

(a) On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupil’s English language proficiency for the purpose of a formative assessment of English learners and for monitoring reclassified pupils pursuant to Section 313.6.

(b) (1) The protocol shall be designed to be used by teachers to evaluate a pupil’s use of English while engaging in academic content learning, including interactive language use with peers.

(2) The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils’ performance along the continuum of progress toward proficiency in English.

(3) The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs.

(4) The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators.

(5) The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.

(c) It is the intent of the Legislature that the protocol additionally be useful to all of the following:

(1) Teachers, as a formative assessment tool for purposes of supporting pupils’ progress toward proficiency in English during the school year.

(2) Teachers’ discussions with parents regarding pupils’ progress toward English language proficiency.

(3) Institutions of higher education in the preparation of new teachers.

(d) (1) In developing the protocol, the department shall consult, at minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils.

(2) In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed.

(3) The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs.

(e) The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol.

(f) The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils’ language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use.

SEC. 5.

Section 313.3 is added to the Education Code, to read:

313.3.

(a) When a pupil is initially determined to be an English learner pursuant to Section 313, the school district, county office of education, or charter school shall communicate to the pupil’s parent or guardian in a clear, concise, and comprehensible manner, and, if applicable, translated into the parent or guardian’s primary language pursuant to Section 48985, all of the following information regarding the parent or guardian’s child:

(1) Their child has been classified as an English learner.

(2) California’s vision of success for English learners is that they attain high levels of English proficiency, mastery of grade level standards, and have opportunities to develop proficiency in multiple languages. California’s schools value the culture and language that their child brings to their education.

(3) They are encouraged to engage as a partner with the school in supporting their child’s language development and may request meetings with their child’s teachers to discuss their child’s progress.

(4) Their child is entitled to special support in order to help them learn English and succeed in school.

(5) Each year, their child will take an assessment to measure their progress toward becoming proficient in English. The results of the assessment will be used to determine if their child is ready to become reclassified as English proficient. After their child is reclassified, their progress will continue to be monitored for four years.

(6) (A) Their child’s reclassification as English proficient is an important accomplishment and may be seen as a step on the path to becoming literate in two languages, also known as biliteracy.

(B) If their child becomes biliterate, they may be eligible to earn the State Seal of Biliteracy, which is a special recognition in the form of a seal affixed to their high school diploma.

(b) The notice required pursuant to subdivision (a) may be provided at the same time as the notice required pursuant to Section 440, as applicable.

(c) This section shall become operative on July 1, 2027.

SEC. 6.

Section 313.4 is added to the Education Code, immediately following Section 313.3, to read:

313.4.

(a) All English learner pupils, including those with or without disabilities, are eligible to reclassify from English learner to English proficient when they meet the requirements of this section or Section 313.5.

(b) (1) (A) An English learner pupil shall be reclassified as English proficient when the pupil meets the score established by the state board for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the pupil meets the score established by the state board for purposes of reclassification on the statewide alternate assessment for English language proficiency developed pursuant to Section 11518.30 of Title 5 of the California Code of Regulations. The pupil shall be considered reclassified as English proficient as of the date that day after the pupil demonstrated proficiency through one of these assessments.

(2) (A) As pupil scores specified in subparagraph (A) of paragraph (1) become available, the department shall record the pupils who meet the requirements of subparagraph (A) of paragraph (1) as reclassified in the appropriate data system.

(B) After a pupil has been recorded as reclassified in the appropriate data system pursuant to subparagraph (A), a local educational agency shall do both of the following, as applicable:

(i) Ensure that the pupil’s instructional program and placement reflects that the pupil is a reclassified pupil. This includes, but is not limited to, making any necessary course placement adjustments for pupils in, or entering into, middle school or high school for the subsequent academic year to reflect the change in status.

(ii) Communicate to the pupil’s parent or guardian, and, if applicable, translated into the parent or guardian’s primary language pursuant to Section 48985, that their child has been reclassified and provide information about the pupil’s potential opportunity to earn the State Seal of Biliteracy.

(C) After a pupil has been reclassified as English proficient, the pupil shall not be classified as an English learner.

(3) Local educational agencies are encouraged to recognize a pupil and the pupil’s family for the pupil’s accomplishment of achieving proficiency in English and encourage the pupil to pursue a course of study leading to biliteracy and a State Seal of Biliteracy, if offered by the local educational agency.

(c) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or state special school for the blind or the deaf.

(d) This section shall become operative on July 1, 2027.

SEC. 7.

Section 313.5 of the Education Code is repealed.

SEC. 8.

Section 313.5 is added to the Education Code, to read:

313.5.

(a) (1) The Legislature finds and declares that California has established alternate coursework and performance tasks for educators to use for pupils with disabilities so that they may demonstrate completion of the state graduation requirements through alternate means and earn a high school diploma.

(2) It is the intent of the Legislature to enable the pupils described in paragraph (1) to demonstrate proficiency in English, in whole or in part, for purposes of reclassification, through alternate means aligned to the domains assessed by the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2.

(b) (1) Commencing July 1, 2028, and subject to the availability of the development of rubrics and sample alternate pupil work and performance tasks pursuant to Section 313.8, subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, if an English learner pupil has an individualized education program, the pupil may be eligible to be reclassified as English proficient by the local educational agency if all of the following are true for the pupil:

(A) Received English language development instruction that would reasonably be expected to result in English proficiency but has not achieved the proficiency level required for purposes of reclassification on the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.

(B) Used all designated supports and accommodations and any domain exemptions in accordance with the pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).

(C) Scored an overall performance level that is one level below the level established by the state board for purposes of reclassification on the most recent administration of the assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or, if applicable, received any score on the statewide alternate assessment for English language proficiency pursuant to subdivision (c) of Section 11518.30 of Title 5 of the California Code of Regulations.

(2) (A) (i) If a pupil meets the criteria pursuant to paragraph (1) and the local educational agency determines through using rubrics developed pursuant to Section 313.8 subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33 that the pupil has demonstrated, through new or existing pupil work aligned to the alternate coursework pupil work and performance tasks developed pursuant to Section 313.8, subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.33, that the pupil has reached a level of proficiency that is comparable to the threshold for reclassification on the English language assessment established pursuant to Section 313 through alternate means, the local educational agency shall report the pupil as reclassified as English proficient to the department as described in subparagraph (B). Documentation of a determination made pursuant to this clause shall be recorded in the pupil’s individualized education program.

(ii) The demonstration in clause (i) may apply to one or more of the domains of the assessment in which the pupil has not shown proficiency, and may be combined with proficient scores in other domains for purposes of meeting the overall threshold for reclassification.

(c) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or state special school for the blind or the deaf.

SEC. 9.

Section 313.6 is added to the Education Code, immediately following Section 313.5, to read:

313.6.

(a) The Legislature finds and declares that Section 6841(a)(5) of Title 20 of the United States Code and Section 11304 of Title 5 of the California Code of Regulations require local educational agencies to monitor and report on the progress of pupils who have been reclassified from English learner to English proficient, including the number and percentage of those pupils who are meeting challenging state academic standards for each of the four years after those pupils are no longer receiving services in the aggregate and disaggregated by, at a minimum, pupils with disabilities.

(b) (1) Pursuant to federal law, a local educational agency shall, for a pupil who has been reclassified as English proficient, monitor the pupil’s progress to ensure all of the following:

(A) English proficiency is not a barrier to the pupil’s academic success, which indicates the pupil has not been prematurely reclassified as English proficient.

(B) Any academic deficits the pupil incurred as a result of participation in an English learner program have been remedied.

(C) The pupil is meaningfully participating in the standard instructional program that is comparable to their peers who were never classified as English learners.

(2) The requirements of this subdivision are declarative of existing federal law.

(c) On or before January 1, 2028, the state board shall identify both of the following:

(1) Means of monitoring reclassified pupils for four years after reclassification for purposes of identifying pupils who are not meeting challenging state academic standards after reclassification.

(2) An appropriate instrument to be used for purposes of monitoring the progress of reclassified English learners pursuant to Section 6841(a)(5) of Title 20 of the United States Code who are not meeting challenging academic standards, which is aligned to the English language development standards and performance levels of the assessment of English language development, is appropriate for use by content area teachers at all grade levels, and is designed for use with all pupils, including those with individualized education programs. In identifying an appropriate instrument, the state board shall consider the use of the standardized English language observation protocol established pursuant to Section 314.

(d) On or before January 1, 2028, the department shall identify appropriate interventions for pupils who are determined, pursuant to paragraph (1), as needing additional support for their English language in order to progress academically.

(e) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or state special school for the blind or the deaf.

SEC. 10.

Section 313.7 is added to the Education Code, immediately following Section 313.6, to read:

313.7.

Commencing with the 2027–28 school year, and subject to state and federal law regarding the privacy of pupil information, the department shall annually post on its internet website all of the following:

(a) The reclassification rates of each local educational agency and charter school.

(b) Statewide reclassification rates disaggregated by grade, disability status, and the 10 most commonly spoken home languages of pupils.

(c) In addition to the data required to be reported pursuant to paragraph (1) of subdivision (b) of Section 60900.1, statewide rates of chronic absenteeism, suspension and expulsion, and school stability of reclassified pupils, both statewide and for each local educational agency and charter school. pupils.

SEC. 12.SEC. 11.

Section 313.9 is added to the Education Code, immediately following Section 313.8313.7, to read:

313.9.

Subject to an appropriation for this purpose in the Budget Act or another statute, the department shall contract for an evaluation of the effects of the changes to the reclassification criteria and process required by Assembly Bill 2555 of the 2025–26 Regular Session to be completed and sent to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2032. The evaluation shall include, but not be limited to, the effects on all of the following for pupils who have ever been classified as English learners:

(a) The number of pupils reclassified disaggregated by grade, language, and disability status as compared to prior years.

(b) The longitudinal achievement of English learner pupils in English language arts and mathematics, including pre- and post-reclassification.

(c) Core curriculum access, including course placement of reclassified middle school and high school pupils and including, at minimum, a comparison with pupils never classified as English learners with respect to enrollment in core academic subjects, enrollment in upper-level and remedial or lower-level courses, and enrollment in electives.

(d) For pupils who are reclassified in any grade, four-year and five-year cohort graduation rates and rates of completion of courses required to meet the admissions requirements of the California State University and the University of California.

(e) The administration of reclassification procedures at the local level.

(f) Engagement of parents in their children’s education and understanding of English learner status and the reclassification process.

(g) Achievement of biliteracy, including receiving the State Seal of Biliteracy.

(h) Reclassification of English learners with disabilities.

(i) The number of long-term English learners and the percentage of long-term English learners who have disabilities.

(j) The monitoring practices of school districts, county offices of education, and charter schools.

(k) The quality of English language development instruction for English learners.

SEC. 13.SEC. 12.

Section 51101 of the Education Code is amended to read:

51101.

(a) Except as provided in subdivision (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:

(1) Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.

(2) (A) Within a reasonable time of their request, to meet with their child’s teacher or teachers and the principal of the school in which their child is enrolled.

(B) Within a reasonable time of their request, for parents of English learners, to meet with their child’s teacher or teachers to discuss their child’s progress toward reaching proficiency in English, the process by which their child may be reclassified as fully English proficient, any opportunities for pupils to develop biliteracy in English and one or more other languages, and to earn the State Seal of Biliteracy.

(3) To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.

(4) To be notified on a timely basis if their child is absent from school without permission.

(5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests, including the results of state assessments of English language proficiency.

(6) To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parent’s request.

(7) To have a school environment for their child that is safe and supportive of learning.

(8) To examine the curriculum materials of the class or classes in which their child is enrolled.

(9) To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child, including, for the parent of a child who is an English learner, their child’s progress in developing English proficiency and being reclassified as fully English proficient.

(10) To have access to the school records of their child.

(11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.

(12) To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.

(13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test.

(14) To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents’ questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.

(15) To question anything in their child’s record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.

(16) To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.

(b) In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:

(1) The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.

(2) A description of the school’s responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.

(3) The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:

(A) Monitoring attendance of their children.

(B) Ensuring that homework is completed and turned in on a timely basis.

(C) Participation of the children in extracurricular activities.

(D) Monitoring and regulating the television viewed by their children.

(E) Working with their children at home in learning activities that extend learning in the classroom.

(F) Volunteering in their children’s classrooms, or for other activities at the school.

(G) Participating, as appropriate, in decisions relating to the education of their own child or the total school program.

(c) This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.

SEC. 12.5.

Section 51101 of the Education Code is amended to read:

51101.

(a) Except as provided in subdivision (d), (c), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:

(1) Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs.

(2) (A) Within a reasonable time of their request, to meet with their child’s teacher or teachers and the principal of the school in which their child is enrolled.

(3) To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher.

(4) To be notified on a timely basis if their child is absent from school without permission.

(5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests. tests, including the results of state assessments of English language proficiency.

(6) To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parent’s request.

(7) To have a school environment for their child that is safe and supportive of learning.

(8) To examine the curriculum materials of the class or classes in which their child is enrolled.

(9) To be informed through communication, including, but not limited to, parent-teacher conferences or report cards, of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child. child, including, for the parent of a child who is an English learner, their child’s progress in developing English proficiency and being reclassified as fully English proficient.

(10) To have access to the school records of their child.

(11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish. accomplish, including, for pupils who are English learners, information on the proficiencies necessary to become reclassified as fully English proficient.

(12) To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.

(13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test.

(14) To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents’ questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents.

(15) To question anything in their child’s record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school.

(16) To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child.

(b) In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following:

(1) The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school.

(2) A description of the school’s responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school.

(3) The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following:

(A) Monitoring attendance of their children.

(B) Ensuring that homework is completed and turned in on a timely basis.

(C) Participation of the children in extracurricular activities.

(D) Monitoring and regulating the television viewed by their children.

(E) Working with their children at home in learning activities that extend learning in the classroom.

(F) Volunteering in their children’s classrooms, or for other activities at the school.

(G) Participating, as appropriate, in decisions relating to the education of their own child or the total school program.

(c) This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction.

SEC. 13.

Section 51225.33 of the Education Code is amended to read:

51225.33.

(a) (1) For the 2026–27 fiscal year, the Sacramento County Office of Education shall utilize the finding funding appropriated in Item 6100-488 of Section 2.0 of the Budget Act of 2026 to develop resources both of the following:

(A) (i) Resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, pursuant to subdivision (b) of Section 51225.3, Sections 51225.31 and 51225.32, and paragraph (1) of subdivision (b) of Section 56345.

(ii) Assistance provided pursuant to this section clause (i) shall include, but is not limited to, developing resources, training, and technical assistance to ensure coherence and consistency related to diploma attainment, secondary transition, and inclusive college programs, and the development of a statewide community of practice available to all local educational agencies to assist with implementation of alternative pathways to a high school diploma.

SEC. 14.

SEC. 14.SEC. 15.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 15.SEC. 16.

Section 13 12 of this act shall become operative on January 1, 2027.

SEC. 16.SEC. 17.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

To ensure that English language reclassification criteria are applied consistently to all currently enrolled English learner pupils, it is necessary that this bill go into immediate effect.