SACRAMENTO — State Superintendent of Public Instruction Jack O'Connell today warned that $25 million in federal education funding for California is at risk because the California State Senate failed to approve a measure that would have brought California into compliance with federal No Child Left Behind (NCLB) requirements for testing English learners.

"Precious education funds are in jeopardy as a consequence of the lack of Legislative action on this matter," O'Connell said. "We have run out of options to avoid this federal penalty. I am deeply disappointed in the Senate for withholding approval of this bill."

AB 1483 by Assembly member Juan Arambula (D-Fresno) would have conformed California law to the federal requirement by requiring the inclusion of early literacy in the California English Language Development Test (CELDT) assessment of English learners in kindergarten and first grade. The measure specified that the test items are to be age and developmentally appropriate and incorporation of these items are to be done in a manner that minimizes additional testing time. This bill was held in suspense in the Senate Appropriations Committee.

NCLB requires all states to annually assess the English language proficiency of all English learners from kindergarten through the twelfth grade. The assessment must measure the progress of the student's comprehension, speaking, listening, reading, and writing skills in English. Current state law requires this assessment of English learners in the second through eleventh grades, but English learners in kindergarten and first grade are required to be assessed only in listening and speaking.

The 2006-07 budget signed by the Governor last June included funding for the development of the kindergarten and first grade reading and writing component of the CELDT. However, legislative authorization is still required to authorize the development and administration of the assessment.

California has been out of compliance with this federal regulation since the 2002-03 school year. O'Connell and the State Board of Education sought a waiver of this requirement for kindergarten and first grade from the U.S. Department of Education, but their request was denied in 2005.