CA Ed.G.E. Code of Regulations and Education Code

300. Findings and Declarations

The people of California find and declare as follows:

(a) Whereas, The English language is the national public language of the United States of America and of the State of California, is spoken by the vast majority of California residents, and is also the leading world language for science and technology, thereby being an important language of economic opportunity; and

(b) Whereas, All parents are eager to have their children master the English language and obtain a high-quality education, thereby preparing them to fully participate in the American Dream of economic and social advancement; and

(c) Whereas, California is home to thousands of multinational businesses that must communicate daily with associates around the world; and

(d) Whereas, California employers across all sectors, both public and private, are actively recruiting multilingual employees because of their ability to forge stronger bonds with customers, clients, and business partners; and

(e) Whereas, Multilingual skills are necessary for our country’s national security and essential to conducting diplomacy and international programs; and

(f) Whereas, California has a natural reserve of the world’s largest languages, including English, Mandarin, and Spanish, which are critical to the state’s economic trade and diplomatic efforts; and

(g) Whereas, California has the unique opportunity to provide all parents with the choice to have their children educated to high standards in English and one or more additional languages, including Native American languages, thereby increasing pupils’ access to higher education and careers of their choice; and

(h) Whereas, The government and the public schools of California have a moral obligation and a constitutional duty to provide all of California’s children, regardless of their ethnicity or national origin, with the skills necessary to become productive members of our society, and of these skills, literacy in the English language is among the most important; and

(i) Whereas, The California Legislature approved, and the Governor signed, a historic school funding reform that restructured public education funding in a more equitable manner, directs increased resources to improve English language acquisition, and provides local control to school districts, county offices of education, and schools on how to spend funding through the local control funding formula and local control and accountability plans; and

(j) Whereas, Parents now have the opportunity to participate in building innovative new programs that will offer pupils greater opportunities to acquire 21st century skills, such as multilingualism; and

(k) Whereas, All parents will have a choice and voice to demand the best education for their children, including access to language programs that will improve their children’s preparation for college and careers, and allow them to be more competitive in a global economy; and

(l) Whereas, Existing law places constraints on teachers and schools, which have deprived many pupils of opportunities to develop multilingual skills; and

(m) Whereas, A large body of research has demonstrated the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy.

(n) Therefore, It is resolved that: amendments to, and the repeal of, certain provisions of this chapter at the November 2016 statewide general election will advance the goal of voters to ensure that all children in California public schools shall receive the highest quality education, master the English language, and access high-quality, innovative, and research-based language programs that provide the California Ed.G.E. (California Education for a Global Economy).

305. Effective and appropriate instructional methods for pupils; establishment of language acquisition programs; structured English immersion program for English learners; opportunities to be instructed in another language

(2) School districts and county offices of education shall, at a minimum, provide English learners with a structured English immersion program, as specified in Section 306, for purposes of ensuring that English learners have access to the core academic content standards, including the English language development standards, and become proficient in English pursuant to the state priorities identified in paragraph (2) of subdivision (d) of Section 52060 and of Section 52066.

(b) When a school district or a county office of education establishes a language acquisition program pursuant to this section, the school district or county office of education shall consult with the proper school personnel, including, but not limited to, administrators and certificated teachers with the appropriate authorizations and experience.

(c) School districts and county offices of education are also encouraged to provide opportunities to pupils who are native speakers of English to be instructed in another language to a degree sufficient to produce proficiency in that language. The non-English language should be at the discretion of the parents, community, and school, depending upon the linguistic and financial resources of the school community and other local considerations.

(d) A language acquisition program established pursuant to this section shall comply with the requirements of Section 310.

306. Definitions

The definitions of the terms used in this article and in Article 1 (commencing with Section 300) are as follows:

(a) “English learner” means a pupil who is “limited English proficient” as that term is defined in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 7801(25)).

(b) “Native speaker of English” means a pupil who has learned and used English in his or her home from early childhood and English has been his or her primary means of concept formation and communication.

(c) “Language acquisition programs” refers to educational programs designed to ensure English acquisition as rapidly and as effectively as possible, and that provide instruction to pupils on the state-adopted academic content standards, including the English language development standards. The language acquisition programs provided to pupils shall be informed by research and shall lead to grade level proficiency and academic achievement in both English and another language. Language acquisition programs may include, but are not limited to, all of the following:

(1) Dual-language immersion programs that provide 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.

(2) 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.

(3) Structured English immersion programs for English learners in which nearly all classroom instruction is provided in English, but with curriculum and a presentation designed for pupils who are learning English.

310. Parents or guardians; choice of language acquisition program; implementation requirements

(a) Parents or legal guardians of pupils enrolled in the school may choose a language acquisition program that best suits their child pursuant to this section. Schools in which the parents or legal guardians of 30 pupils or more per school or the parents or legal guardians of 20 pupils or more in any grade request a language acquisition program that is designed to provide language instruction shall be required to offer such a program to the extent possible, based upon the requirements of Section 305.

(b) If a school district implements a language acquisition program pursuant to this section, it shall do both of the following:

(1) Comply with the kindergarten and grades 1 to 3, inclusive, class size requirements specified in Section 42238.02.

(2) Provide, as part of the annual parent notice required pursuant to Section 48980 or upon enrollment, the parent or legal guardian of a minor pupil with information on the types of language programs available to pupils enrolled in the school district, including, but not limited to, a description of each program.

320. Right to be provided with free public education and English language public education

As detailed in Section 5 of Article 9 of the California Constitution, and Article 2 (commencing with Section 305) and Article 3 (commencing with Section 310), respectively, all California school children have the right to be provided with a free public education and an English language public education.

335. Amendment

The provisions of this act may be amended by a statute that becomes effective upon approval by the electorate or by a statute passed by a majority of each house of the Legislature and signed by the Governor.

Section 11300. Definitions

(a) “Designated English Language Development” means instruction provided during a time set aside in the regular school day for focused instruction on the state-adopted English language development (ELD) standards to assist English learners to develop critical English language skills necessary for academic content learning in English.

(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” 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 acquisition programs” 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. Language acquisition programs may include, but are not limited to, dual language programs, transitional and developmental programs for English learners, and Structured English Immersion, as specified in Education Code section 306, subdivision (c).

(e) “Language programs” are programs that are designed to provide opportunities for pupils to be instructed in languages other than English to a degree sufficient to produce proficiency in those languages, consistent with the provisions of Education Code section 305, subdivision (c).  

(f) “Local control and accountability plan (LCAP)” means the plan created by a local educational agency (LEA) pursuant to Education Code sections 52060 or 52066, as applicable to the LEA.

(g) “Local educational agency (LEA)” means a school district or county office of education.

(h) “Multilingual” means proficiency in one or more languages, in addition to English.

(i) “Parent advisory committee” means a committee established by a school district or county superintendent of schools pursuant to Education Code sections 52063 or 52069.

(j) ”Parents” means the natural or adoptive parents, legal guardians, or other persons holding the right to make educational decisions for a pupil pursuant to Welfare and Institutions Code section 361 or 727, or Education Code section 56028 or 56055, including foster parents who hold rights to make educational decisions.

(k) “Stakeholders” means parents, pupils, teachers, administrators, other school personnel, and interested members of the public.

(l) “State-adopted academic content standards” means standards adopted by the State Board of Education for the subject matter covered in Education Code sections 18100, 18101, 51210.2, 51222, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.5, 60605.8, 60605.11, and 60605.13.

(m) “State-adopted English language development standards” means standards adopted pursuant to Education Code section 60811.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 306, 310, 330, 18100, 18101, 51210.2, 51222, 52060, 52063, 52064, 52066, 52067, 52068, 52069, 56028, 56055, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.5, 60605.8, 60605.11, and 60605.13, Education Code; Sections 361 and 727, Welfare and Institutions Code.

Section 11301. Community Engagement.

(a) As part of the development of the LCAP and annual updates, an LEA shall inform and receive input from stakeholders, including the English learner parent advisory committee, if such a body is required by law, and the parent advisory committee, regarding the LEA’s existing language acquisition programs and language programs and possibly establishing other such programs.

(b) An LEA process for informing stakeholders and receiving input may include procedures such as stakeholder surveys, forums, and meetings with school advisory committees or other groups representing stakeholders. 

(c) Prior to adoption of an LEA’s LCAP, the school district superintendent or the county superintendent of schools shall include a written response to input received from the LEA’s English learner parent advisory committee, if such a body is required by law, and parent advisory committee relating to language acquisition programs and language programs with the superintendent’s response as described in Education Code sections 52062 and 52068.

Section 11309. Language Acquisition Programs.

(a) LEAs shall provide language acquisition programs for English learners consistent with these regulations.

(b) Whenever an LEA establishes a language acquisition program, the LEA shall confer with school personnel, including teachers and administrators with authorizations required to provide or oversee programs and services for English learners, regarding the design and content of the language acquisition program.

(c) Any language acquisition program provided by an LEA shall:

(1) Be designed using evidence-based research and include both Designated and Integrated ELD;

(2) Be allocated sufficient resources by the LEA to be effectively implemented, 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

(3) Within a reasonable period of time, lead to:

(A) Grade-level proficiency in English, and, when the program model includes instruction in another language, proficiency in that other language; and

(B) Achievement of the state-adopted academic content standards in English, and, when the program model includes instruction in another language, achievement of the state-adopted academic content standards in that other language.

(d) At a minimum, an LEA shall provide a program of Structured English Immersion for English learners, which includes Designated and Integrated ELD.

(e) An LEA may provide language acquisition programs, including programs that integrate instruction for native speakers of English and native speakers of another language and meet the requirements of subdivision (c). 

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 306, 44253.3, and 44253.4, Education Code; 20 U.S.C. Sections 1703 and 6311.

Section 11310. Parental Notice.

(a) An LEA shall notify parents of the language acquisition programs and language programs available in the LEA at the time and in the manner specified in Education Code sections 48980 and 48981. The notice specified in this section shall include a description of the process for parents to request a language acquisition program or language program for their child.

(b) Regarding language acquisition programs, the notice shall include:

(1) A description of any such programs provided, including Structured English Immersion;

(2) Identification of any language to be taught in addition to English, when the program model includes instruction in another language;

(3) The information set forth in section 11309(c); and

(4) The process to request establishment of a language acquisition program not offered at the school.

(c) Regarding language programs, the notice shall specify the language(s) to be taught, and may include the program goals, methodology used, and evidence of the proposed program’s effectiveness.

(d) Parents of pupils enrolling in an LEA after the beginning of the academic school year shall be provided the notice described above upon enrollment. An LEA may provide notice to parents at additional times throughout the year.

(e) The notice to parents pursuant to this section shall be provided as described above. Additionally, verbal notice shall be provided, upon request, as reasonably necessary to effectuate notice to the parents.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305, 306, 310, 48980, and 48981, Education Code; 20 U.S.C. sections 1703(f), 6311 and 6318.

Section 11311. Parent Requests to Establish a Language Acquisition Program.

(a) An LEA shall establish a process for schools of the LEA to receive and respond to requests from parents of pupils enrolled in the school to establish a language acquisition program other than, or in addition to, such programs available at the school. The LEA process shall require each school to make a written record of each request, including at least the following:

(1) The date of the request;

(2) The names of the parent and pupil;

(3) A general description of the request; and

(4) The pupil’s grade level on the date of the request.

(b) Each school shall maintain a written record of verbal requests that includes the information set forth above.

(c) Each school shall assist parents in clarifying requests, as needed.

(d) Each school shall retain written records of parent requests for language acquisition programs for at least three years from the date of the request.

(e) A parent whose pupil is enrolled in a school for attendance in the next school year may submit a request for a language acquisition program.

(f) A school shall consider requests for a multilingual program model from parents of pupils enrolled in the school who are native speakers of English when determining whether a threshold specified in subdivision (h) is reached.

(g) Each school shall monitor the number of parent requests for language acquisition programs on a regular basis and notify the LEA immediately upon reaching a threshold specified in subdivision (h).

(h) 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 taking the following actions:

(1) Within 10 school days of reaching a threshold described in subdivision (h), notify the parents of pupils attending the school, the school’s teachers, administrators, and the LEA’s English learner parent advisory committee and parent advisory committee, in writing, of the parents’ requests for a language acquisition program;

(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

(3) Determine, within 60 calendar days of reaching a threshold described in subdivision (h), whether it is possible to implement the requested language acquisition program; and provide notice, in writing, to parents of pupils attending the school, the school’s teachers, and administrators, of its determination;

(A) In the case of an affirmative decision to implement a language acquisition program at the school, create and publish a reasonable timeline of actions necessary to implement the language acquisition program.

(B) In the case where the LEA determines it is not possible to implement a language acquisition program requested by parents, the LEA shall provide in written form an explanation of the reason(s) the program cannot be provided, and may offer an alternate option that can be implemented at the school.

(i) Each school shall follow the process set forth in subdivision (h), even when the LEA provides the requested language acquisition program at another school of the LEA at the time the threshold specified in subdivision (h) is met.

NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 305 and 310, 44253.3, and 44253.4, Education Code; 20 U.S.C., Section 1703(f).

Section 11312. Language Programs

If an LEA provides a language program or proposes to offer a language program, the LEA shall establish a process for schools of the LEA to receive and respond to input from parents and stakeholders regarding the non-English language in which instruction is provided.

NOTE: Authority cited: Section 33031. Reference: Section 305(c), Education Code.

Section 11316. Language of Parental Notice

All notices and other communications to parents required or permitted by these regulations must be provided in English and in the parents' primary language to the extent required under Education Code section 48985.