Assembly Bill 2735 Frequently Asked Questions
This page provides responses to frequently asked questions (FAQs) regarding Assembly Bill (AB) 2735, which amended California Education Code (EC) regarding English learners.AB 2735 adds EC Section 60811.8 which prohibits denial, to English learners, of equal participation in the standard instructional program of schools.
These FAQs are intended to assist local educational agencies (LEAs) in the implementation of AB 2735. For the purpose of these FAQs, an LEA is a school district, a county office of education, a charter school, or a state special school for the blind and the deaf. This collection is not intended to be a complete list of all possible questions or scenarios.
Note: This page has been updated based on amendments passed in AB 714.
Does this law apply to middle and high school students only?
Yes. This law applies to middle or high school students classified as English learners.
When must LEAs begin implementation of the law?
AB 2735 became effective commencing with the 2019–20 school year.
What is the "standard instructional program" of a school?
The standard instructional program is, at minimum, core curriculum courses in the areas of reading/language arts, mathematics, science, and history/social science, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion. (EC Section 60811.8 [a][1]; EC Section 33126[b][6][B][i])
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Are LEAs required to provide access to courses outside the standard instructional program, such as honors and Advanced Placement (AP) to English learner (EL) students?
Yes. Pupils may not be denied access, on the sole basis of their classification as an EL student, to enrollment in courses that are not part of a school’s standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission based on a model set of academic standards pursuant to EC Section 66205.5
or are advanced courses, such as honors or AP courses.
Are EL students required to have access to a full course load that is part of the standard instructional program?
Yes. An EL student may not be denied enrollment in a full course load of the standard instructional program.
If an EL student is enrolled in a full course load of the standard instructional program, do they still receive Designated English Language Development (ELD)?
Yes, an EL student receives ELD as part of the core curriculum. (Castañeda v. Pickard 648 U.S F.2d 989, [1981])
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Are there any exceptions to the requirements of EC 60811.8?
Middle or high school EL students who are also newcomer pupils may be denied enrollment in courses that are part of a standard instructional program (as described in para. (a)(1)) provided that, pursuant to Federal law, their course of study is designed to remedy any academic deficits incurred during participation and that the course of study is reasonably calculated to enable the pupil to attain parity of participation in the standard instructional program within a reasonable time. This exception also extends to a middle or high school student who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils when the primary objective of the program is the development of English language proficiency. This exception shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil in courses that are part of a standard instructional program (as described in para. (a)(1)).
Are LEAs required to create supplemental courses in languages other than English within the standard instructional program?
No. Nothing in EC 60811.8 shall be construed to require a school to create supplemental courses in languages other than English.