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Proposition 58 implementation regulations
In November 2016, California voters overwhelmingly supported the passage of Proposition 58 — also known as the California for a Global Economy Initiative — to promote and encourage multilingual programs for all students. 
The California Department of Education’s regulations for implementing the initiative have now been approved and took effect on July 1, 2018. These regulations are designed to clarify the initiative and to help schools, districts and county offices of education implement its provisions.

As these new regulations continue to be implemented, it is important for board members to be aware of their requirements and to ensure that their local educational agencies provide students with language acquisition programs that meet all requirements, and that they have established a process for receiving and responding to parent input on their language acquisition programs and language programs.

Language Acquisition Programs
“Language Acquisitions Programs” are designed for English learners to attain English proficiency, and “Language Programs,” are designed for students to become proficient in languages other than English. Language Programs are different from Language Acquisition programs in that they do not incorporate English Language Development instruction for English learners.
According to the regulations, language acquisition programs must:
  • Be designed using evidence-based research;
  • Include time in the school day dedicated to both Designated and Integrated ELD. Designated ELD is instruction focused on the ELD standards, to assist English learners to develop English language skills needed to learn academic content in English. Integrated ELD is instruction in which the ELD standards are used alongside the academic content standards;
  • Be allocated sufficient resources to be effectively implemented. This may include providing certificated teachers with the appropriate authorizations, instructional materials, professional development for the proposed program, and opportunities for parent and community engagement (this engagement is addressed through requirements in the Local Control and Accountability Plan); and
  • The goals of the program, within a “reasonable amount of time,” include: grade-level proficiency in English (when the program includes another language, proficiency in that language); attainment of the state-adopted standards in English and/or the target language.
Types of language acquisition programs include those with instruction in English and another language, such as dual language (two-way immersion), and transitional and developmental programs; and those that do not, such as Structured English Immersion programs. Some of these programs can also provide instruction and benefits to native English speakers, such as dual-language programs.
  • CDE releases Proposition 58 regulations
  • Provides LEA guidance on language acquisition program requirements and clarifies process for parent requests
Annual Parent Notification
In the annual notices that are provided to parents and guardians when they enroll their child at the beginning of the academic school year, a local educational agency must include information on both language acquisition and language programs, and a description of the process for parents or guardians to request one of these programs at the school.

Language acquisition program information must include a description of the programs, identification of any language to be taught in addition to English, and information about the program requirements as described in the previous section.

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

If 15 percent or more of the students enrolled in a school speak the same language other than English, then all notices must be sent to the parent or guardian of such students in their primary language (in addition to English), according to Education Code 48985.

Parent Requests to Establish a Language Acquisition Program
All LEAs must have a process in place for its schools to receive and respond to parent requests to create language acquisition programs. Schools should keep a written record of such requests, which is to include the date of the request, the name of the parent and student, a general description of the request and the student’s grade level. The written record must be kept for at least three years from the date of the request.

When the parents of 30 or more students at the schools, or 20 or more students in the same grade level, request the same or similar language acquisition program, the school should immediately notify the LEA and respond to the request. The response must be a written notification sent to the parents of students at the school, the school’s teachers, administrators and the LEA’s English learner parent advisory committee and parent advisory committee. After determining the costs and resources necessary to implement the new language acquisition program, the LEA must, within 60 days of reaching the threshold, determine whether it is possible to implement the request and provide written notice of the determination to the above parties.

If the request is approved, the LEA will then create and publish a timeline of actions necessary to implement the new program. If the request is determined not possible, the LEA shall provide an explanation of the reasons that the program cannot be implemented.

For more information on programs and strategies to support English learners, visit the CSBA webpage on supporting English learners at www.csba.org/englishlearners. This page also includes a more detailed “CSBA Fact Sheet on Proposition 58 Regulations.”