CA Educ Code § 8241.5 (2021)
2021 California Code|Education Code - EDC|TITLE 1 - GENERAL EDUCATION CODE PROVISIONS|DIVISION 1 - GENERAL EDUCATION CODE PROVISIONS|PART 6 - EDUCATION PROGRAMS STATE MASTER PLANS|CHAPTER 2 - Early Education Act|ARTICLE 3 - Administration|Section 8241.5.

8241.5.  (a) It is the intent of the Legislature for the state preschool contractors, teachers, and staff to better understand the language and developmental needs of dual language learners enrolled in publicly funded preschool programs by identifying them through a family language instrument and a family language and interest interview. The identification of dual language learners will help improve program quality and inform the allocation and use of state and program resources to better support them and their linguistic and developmental needs for success in school and in life.(b) The Superintendent shall develop procedures for state preschool contractors to identify and report data on dual language learners enrolled in a preschool program administered pursuant to Article 2 (commencing with Section 8207).(c) The procedures developed by the Superintendent pursuant to this section to identify dual language learners shall, at a minimum, include all of the following:(1) The distribution and collection of a completed family language instrument developed by the Superintendent from a parent or guardian of each child enrolled in a preschool program upon enrollment. The family language instrument shall, at a minimum, be able to identify which languages the child is exposed to in the child’s home and community environment, which languages the child understands, and which languages the child is able to speak.(2) A family language and interest interview conducted by the child’s teacher or other designated staff that shall include, at a minimum, an inquiry and a discussion about the strengths and interests of the child, the language background of the child, and the needs of parents, guardians, or family members of the child to support the language and development of the child.(3) Criteria for state preschool contractors to use to accurately identify dual language learners enrolled in their preschool programs based on the information collected from the family language instrument and family language and interest interview.(d) Notwithstanding subdivision (c), a state preschool contractor serving a schoolage child enrolled in a K–12 education program who has been designated by the child’s school district, county office of education, or charter school as an English learner through the state assessment for English language proficiency shall use that designation as an English learner to identify the child as a dual language learner.(e) The reported data about dual language learners and a preschool program shall include, at a minimum, all of the following:(1) A child’s home language, the language the child uses most, and the family’s preferred language in which to receive verbal and written communication.(2) A child’s race or ethnicity.(3) Language characteristics of the preschool program, including, but not limited to, whether the program uses the home language for instruction, such as a dual language immersion program, or another program that supports the development of home languages.(4) The language composition of the program staff.(f) To the maximum extent possible, the Superintendent shall use existing enrollment and reporting procedures for state preschool contractors to meet the requirements of this section.(g) (1) To ensure dual language learners and their linguistic and developmental needs are accurately identified in order to be effectively supported by state preschool contractors, the Superintendent shall develop clear implementation procedures and related guidance for state preschool contractors.(2) The Superintendent shall adopt regulations to implement this section. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before March 15, 2022, the Superintendent shall develop informal directives and bulletins to implement this section until the time regulations are adopted.(h) It is the intent of the Legislature to connect information about dual language learners in the California Cradle-to-Career Data System.(i) The procedures developed by the Superintendent to identify dual language learners pursuant to subdivisions (b) and (c) shall not be connected to or associated with the designation of an English learner in the K–12 public school system. (j) The procedures to identify and report dual language learners pursuant to this section shall be the sole responsibility of the state preschool contractor. Family childcare providers shall not be responsible nor liable for the accuracy of data. The identification and reporting of dual language learners by state preschool contractors shall not impact the status of a provider within a family childcare home education network.(Added by Stats. 2021, Ch. 498, Sec. 3. (AB 1363) Effective January 1, 2022.)