Transitional Kindergarten Multilingual Screener

In this post, we provide background on the state’s English learner identification process, describe and assess the Governor’s proposal to provide $10 million for a multilingual learner screener in transitional kindergarten (TK), and provide our recommendations to the Legislature.

Background

Districts Required to Identify Students Who Are English Learners. Federal and state law require districts to determine whether a student is an English learner that would benefit from additional language support. (Throughout this post, we use the term “districts” to refer to school districts and charter schools.) When students are newly enrolled in a public school, parents or guardians complete a standardized home language survey. If a parent or guardian indicates on the survey that a language other than English is the primary language spoken at home, districts assess a student’s English proficiency to determine if the student is an English learner and eligible for language support services.

Districts Use State-Developed Assessments to Determine English Language Proficiency. Districts use a set of state-developed assessments—known as the English Language Proficiency Assessments for California (ELPAC)—to determine a student’s English proficiency. The ELPAC assesses English proficiency in listening, speaking, reading, and writing in line with the English language development standards for each grade level adopted by the State Board of Education (SBE). Districts are required to administer the initial ELPAC within 30 days of a student’s enrollment. For English learners, state and federal law require districts to provide integrated English language development instruction targeted to their English proficiency level. Districts are also required to annually administer a summative ELPAC assessment that tracks students’ progress towards attaining English proficiency at their grade level. (Districts also may assess students at other times during the academic year.) The summative ELPAC is one of several factors used to determine whether students should be reclassified as proficient in English.

Districts Receive Additional State and Federal Funding for English Learners. The state and federal government both provide districts funding intended to support English learners. A district’s English learner count is incorporated into its Local Control Funding Formula (LCFF) allocation (the primary source of funding for school districts). Specifically, the formula provides supplemental and concentration grant funding based on the proportion of a district’s students that are an English learner, foster youth, or from a low-income family. A student who meets two or three of the criteria generates the same supplemental and concentration grant funding rate as a student who belongs to only one of these groups. The state is providing $14 billion in LCFF supplemental and concentration grant funding in 2024-25. Districts must use their supplemental and concentration grant funding to proportionally increase or improve services for their English learners, foster youth, and low-income students, relative to the base amount of funding they receive. Additionally, the federal government annually provides the state with Title III funding ($140 million in 2024-25) based on the number of students statewide that are identified as English learners. The state, in turn, allocates subgrants to districts based on their share of English learner enrollment statewide. Title III funding must be used to provide services and supports to English learners that assist them in gaining English proficiency.

State Recently Eliminated Requirement to Assess English Proficiency for TK Students. Chapter 15 of 2024 (AB 2268, Muratsuchi) eliminated the requirement for districts to assess English proficiency for all TK students beginning in 2024-25. This was intended to address concerns that the current ELPAC assessment was not developmentally appropriate for younger TK students. (The ELPAC was developed and adopted in 2018, before the state began expanding TK eligibility to younger four-year olds.) Since the ELPAC was not designed with younger TK students in mind, the major concern was that students who were developing language normally for their age could be misidentified as English learners. Statewide data also showed that TK students were being identified as English learners at higher rates than kindergarteners. Chapter 15 did not make any changes to the requirements for identifying and assessing English learners in kindergarten through grade 12. By no longer classifying TK students as English learners, the districts will no longer be required to use LCFF supplemental/concentration grants or federal Title III funding for TK students who are not English proficient.

Governor’s Proposal

Provides $10 Million to Select a Multilingual Screener for TK Students. The Governor’s budget provides $10 million one-time Proposition 98 funding for the Superintendent of Public Instruction, with the approval of SBE, to select an English proficiency screening instrument to identify multilingual learners in TK. The Governor proposes to define a multilingual learner as a TK student who has a primary language other than English and is not deemed as English proficient based on the approved screening instrument. The administration indicated that its intent is for the California Department of Education (CDE) to contract with an external entity that would provide the screener and necessary training to schools free of charge. (This is similar to how CDE currently contracts with a vendor for the ELPAC.) The proposal specifies that the screener must be (1) developmentally appropriate for TK students; (2) deemed adequate by technical experts; (3) capable of administration by classroom teachers or aides to students; and (4) capable of administration to any student, regardless of their primary language. The screener also must not discriminate on the basis of race, ethnicity, or gender. CDE would be required to make the screener and training available to districts at no cost by March 1, 2026. Additionally, CDE would have to expend or encumber the funding provided by June 30, 2028.

Requires Use of New Screening Tool by 2027-28. Under the Governor’s proposal, districts would be required to administer the screening to all TK students whose primary language is a language other than English beginning in 2027-28. Districts would be required to administer the screener within 60 days of a student beginning to participate in TK, but no later than December 15. Districts would also be required to share with CDE the number of multilingual learners identified using the screener. The proposed language specifies that the results from the screener could not be used to classify students as English learners or for any high stakes-purposes (such as for identifying students as individuals with exceptional needs.) The proposal also would allow parents or guardians of TK students to opt out of the screening.

Assessment

Developing a Screening Tool for TK Students Likely Beneficial. The Governor’s proposal is a reasonable starting point for addressing the lack of English proficiency screening for TK students after the enactment of Chapter 15. Providing districts with access to a developmentally appropriate screener would help districts identify students in need of language development supports and provide early interventions that can improve English proficiency and academic outcomes over the long run. Giving districts 60 days to screen students, rather than the 30 days required for English learners, provides more time for TK students to get comfortable in the school setting before being assessed.

Other Implementation Issues Related to Chapter 15 Remain. In addition to developing a screener, the state faces several other decisions regarding support for multilingual learners in TK. Under the Governor’s proposal, districts are required to identify students as multilingual learners, but they are not required to provide these students with any specific services. (The trailer legislation includes nonbinding intent language, but no explicit requirement.) In addition, the proposal does not address the potential fiscal effects of no longer identifying TK students as English learners. Through the LCFF, districts could see somewhat lower supplemental and concentration funding now that no TK students are English learners. For example, in 2023-24, about 23 percent of the roughly 40,000 English learners in TK were not low-income, and would not have generated supplemental and concentration grant funding if they were not determined to be English learners. We estimate that this change would reduce LCFF funding by the low tens of millions of dollars annually. The state could also experience a decline in Title III funding due to lower English learner counts.

Recommendations

Adopt Proposal. We recommend the Legislature adopt the proposed $10 million increase for a TK multilingual screener. The proposal would provide districts a developmentally appropriate tool to help identify TK students who would benefit from additional English development support. Better identifying these students could help districts target early intervention services to help them gain English proficiency more quickly and improve their academic outcomes. Additionally, giving districts 60 days to assess students, as opposed to 30 days, would allow TK students more time to adjust to the school setting prior to being screened.

Consider Trade-Offs of Setting Service Requirements for Multilingual Learners. As the Legislature considers actions it can take to better support multilingual learners in TK, it may want to weigh the trade-offs of having service requirements in law for students that have been identified as multilingual learners. Having service requirements would give the state greater assurance that districts will provide early language interventions that benefit students, but this could increase their associated costs. As the Legislature weighs whether to set additional requirements, it may also want to consider that districts are no longer receiving any state or federal funding specifically for multilingual learners in TK. If the Legislature wanted to provide funding to support multilingual learners, it could consider several options. For example, it could consider modifying LCFF to account for multilingual learners or provide funding through a separate targeted grant. Under either approach, the Legislature may want to ensure that the level of funding provided is aligned with any service requirements added in statute.