Education Code section 48004
(a)
The Legislature finds and declares all of the following:(1)
With the expansion of transitional kindergarten, there is an increased need to support our youngest multilingual learners, including pupils whose primary language is a language other than English, pupils who are learning two or more languages at the same time, and pupils who are learning a second language while still developing their first language.(2)
The languages and cultures that pupils bring with them are an asset to their learning communities and should be uplifted and celebrated. Research demonstrates the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy.(3)
Early identification of multilingual learners is key in providing early support with evidence-based language development resources and in improving pupil outcomes. However, identification should be done in a developmentally appropriate manner that minimizes the stress placed on young pupils.(4)
With the passage of Assembly Bill 2268 of the 2023–24 Regular Session, signed by the Governor on June 14, 2024, the Legislature affirmed its commitment to ensuring all pupils in transitional kindergarten, including young four-year-old children eligible for transitional kindergarten, are not assessed for English language acquisition status with a language proficiency assessment that is not developmentally appropriate.(5)
As a result of the passage of Assembly Bill 2268 of the 2023–24 Regular Session, pupils in transitional kindergarten were exempted from the requirement to be administered the English Language Proficiency Assessments for California (ELPAC) in the 2024–25 school year, thereby eliminating the ability of local educational agencies to screen pupils in transitional kindergarten for English language acquisition status.(6)
It is the intent of the Legislature to ensure an efficient method of screening pupils in transitional kindergarten for English language acquisition status to determine if they are a multilingual learner and to streamline processes for local educational agencies and staff through the statewide use of a standardized screening instrument that is developmentally appropriate for use with three- and four-year-old children entering transitional kindergarten.(7)
It is further the intent of the Legislature that local educational agencies provide language development support to multilingual learners in transitional kindergarten and that local educational agencies and teachers and staff assigned to transitional kindergarten classrooms provide parents or guardians of pupils enrolled in transitional kindergarten with information regarding the benefits of multilingualism.(8)
It is further the intent of the Legislature that local educational agencies identify multilingual learners in transitional kindergarten who need language development support by using a screening instrument that meets all requirements of subdivision (d) and a home language survey that complements the screening.(b)
(1)(A)By no later than March 31, 2026, the Superintendent shall select, subject to the approval of the executive director of the state board, a list of screening instruments that meet the requirements of subdivision (d) to support the identification of multilingual learners in transitional kindergarten.(B)
The Superintendent shall submit recommendations to the executive director of the state board, and the relevant policy and fiscal committees of the Legislature, whether any of the screening instruments chosen pursuant to this section are also developmentally appropriate for identifying dual language learners, who are three through four years old, inclusive, in California state preschool programs.(2)
(A)For the 2025–26 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent for any of the following purposes:(i)
To acquire screening instruments selected pursuant to subparagraph (A) of paragraph (1) and any training materials, available for use by, and free of cost to, local educational agencies.(ii)
To support field testing of the screening instruments pursuant to paragraph (2) of subdivision (c).(B)
Funds appropriated pursuant to paragraph (2) shall be available for expenditure or encumbrance through June 30, 2028.(3)
For purposes of this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.(c)
(1)(A)Commencing with the 2027–28 school year, a local educational agency serving pupils in transitional kindergarten pursuant to Section 48000 shall screen transitional kindergarten pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify whether they are multilingual learners using a screening instrument selected by the Superintendent pursuant to subparagraph (A) of paragraph (1) of subdivision (b).(B)
The department shall provide guidance to local educational agencies on the use of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).(2)
In the 2026–27 school year the Superintendent may select local educational agencies to voluntarily conduct a field test of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).(d)
The screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be able to measure the extent to which a pupil enrolled in a transitional kindergarten pursuant to Section 48000 would benefit from additional support in English by screening their English language listening and speaking skills and shall meet all of the following requirements:(1)
Have psychometric properties of reliability and validity deemed adequate by technical experts.(2)
Be developmentally and age-appropriate for pupils in transitional kindergarten.(3)
Be capable of administration to pupils with a primary language other than English.(4)
Be capable of administration by classroom teachers or other adults assigned to the classroom.(5)
Not discriminate on the basis of race, ethnicity, or gender.(e)
Local educational agencies that screen pupils pursuant to this section shall ensure that, based on the responses of a home language survey administered upon a pupil’s enrollment, a pupil is screened within 30 days upon enrollment in a transitional kindergarten program.(f)
Results of the screening administered pursuant to this section shall not be used for any of the following:(1)
To identify a pupil as an English learner pursuant to Section 306.(2)
Any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs.(g)
(1)This section does not preclude a local educational agency from administering, based on the responses of a home language survey administered upon a pupil’s enrollment, the English language proficiency assessment pursuant to Section 313 and 60810 to a pupil in kindergarten or any of grades 1 to 12, inclusive.(2)
This section does not change existing law that excludes a pupil enrolled in a transitional kindergarten program pursuant to Section 48000 from being administered an English language proficiency assessment pursuant to Section 313 or 60810.(h)
This section does not preclude an educator from providing language development support to pupils in transitional kindergarten based on classroom observations and the educator’s interactions with a pupil.(i)
For purposes of this section, the following definitions apply:(1)
“English learner” has the same meaning as defined in subdivision (a) of Section 306.(2)
“Home language survey” means a survey administered at or before the time of a pupil’s initial enrollment to identify whether the primary or native language of a pupil is a language other than English and may be the same as the survey required pursuant to subdivision (a) of Section 11518.5 of Title 5 of the California Code of Regulations.(3)
“Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000.(4)
“Local educational agency” means a school district, county office of education, or charter school.(5)
“Multilingual learner” is a pupil enrolled in transitional kindergarten pursuant to Section 48000 who has a primary language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, and could benefit from support for their linguistic and developmental needs as determined by a screening instrument selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).(j)
For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (2) of subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.(k)
Notwithstanding any other law, this section shall not be waived by the state board pursuant to Section 33050 or by the Superintendent.
Source:
Section 48004, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48004. (updated Jun. 27, 2025; accessed Jul. 14, 2025).
