Education Code section 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.
Source:
Section 313.6, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=313.6. (updated Sep. 27, 2026; accessed Oct. 19, 2026).
