Dear County and District Superintendents and Charter School Administrators:

Transitional Kindergarten Guidance Regarding Assembly Bill 2268

Assembly Bill (AB) 2268 amends California Education Code (EC) sections 60810 and 313. It was signed into law on June 14, 2024. This legislation exempts transitional kindergarten (TK) students from the English Language Proficiency Assessments for California (ELPAC), effective in the 2024–25 school year.

As stated in the publication, Improving Education for Multilingual and English Learner Students: Research to Practice:

California leads the nation in providing an ambitious and coherent statewide vision for improving educational outcomes for multilingual learner (ML) students, especially those who are dual language learner (DLL) or English learner students. In fact, the state has experienced a tremendous amount of change and progress in the twenty-first century that has transformed its policies and guidance toward ML students and learning.

The implementation of AB 2268 represents another step in California’s ongoing commitment to supporting multilingual learners and refining educational policies to best serve all students.

The California Department of Education (CDE), in collaboration with the Bilingual Coordinators Network (a statewide network of county offices of education, institutions of higher education, and local educational agencies [LEAs]), has curated a list of common inquiries from educators in the form of a Frequently Asked Questions (FAQs) web page to help bring clarity to the field. LEAs are encouraged to visit the CDE AB 2268 TK Multilingual FAQs web page for updates at https://www.cde.ca.gov/sp/ml/ab2268faqs.asp.

In addition to serving notice of a new AB 2268 TK Multilingual FAQs web page, this letter reiterates the guidance provided by the CDE in the June 20, 2024, letter Interim Guidance on Transitional Kindergarten Students and English Language Proficiency Testing, available at https://www.cde.ca.gov/sp/ml/tkguidanceletter.asp.

Under existing federal and state laws, LEAs must identify and assess all students who may be English learners upon their initial enrollment in a California school. According to EC Section 313 (h), “initial enrollment” does not include enrollment in a TK program. Therefore, effective at the start of the 2024–25 school year, state ELPAC requirements no longer apply to TK students (EC Section 60810[b]). As advised in the June 20, 2024, letter LEAs should:

• Continue to conduct the Home Language Survey (HLS) during TK enrollment to identify whether the primary or native language of a student is a language other than English. Using the HLS will serve as an indicator for districts, schools, and classrooms that a child has multilingual experiences and may benefit from additional language support.
• Populate the English Language Acquisition Status (ELAS) field with “To Be Determined (TBD)” if the HLS indicates a primary language other than English or American Sign Language on any of the first three questions when submitting enrollment records to the California Longitudinal Pupil Achievement Data System (CALPADS), when applicable. “TBD” is solely applied as a status indicator of ELAS in CALPADS and not as a descriptor of students. As such, students should not be referred to as “TBD students.” It is appropriate to refer to these young learners as multilingual TK students. In August 2024, CALPADS released two flash communications to inform the field of the policy change and best practices to help LEAs maintain accurate records.
• CALPADS Flash #285: Provides guidance on the implementation of AB 2268, which amends EC sections 60810 and 313 (https://www.cde.ca.gov/ds/sp/cl/calpadsupdflash285.asp).
• CALPADS Flash #286: Discusses the impact on assessments when kindergarten students are moved back to TK. This update provides important information for LEAs on how to handle these transitions effectively (https://www.cde.ca.gov/ds/sp/cl/calpadsupdflash286.asp).

The CDE continues to strongly recommend that LEAs provide language support to all TK students as appropriate. This may include multilingual classroom materials, culturally responsive teaching practices, opportunities for home language development, and collaboration with families to support language learning at home. The CDE will send out notifications through our usual communication channels as resources become available to help support professional learning.

The CDE also recommends LEAs reference the following resources:

• The California Preschool/Transitional Kindergarten Learning Foundations (PTKLF) Language and Literacy Development, which includes the development of children’s home language(s) and English at https://www.cde.ca.gov/sp/cd/re/documents/ptklflanuageliteracydev.pdf;
• The California English Language Arts/English Language Development (ELA/ELD) Framework at https://www.cde.ca.gov/ci/rl/cf/elaeldfrmwrksbeadopted.asp
• Prerecorded presentations on the PTKLF, one of which focuses on the Language and Literacy Development domain and includes some information on supporting multilingual learners, at https://www.youtube.com/watch?v=lDAFXpNjojo.

Once these multilingual TK students enroll in kindergarten, they will be eligible for testing with the Initial ELPAC or Initial Alternate ELPAC. After completing the testing in kindergarten, the students’ English Learner (EL) or Initial Fluent English Proficient (IFEP) status will be determined.

LEAs should carefully consider how they plan to communicate these recent changes in TK ELPAC testing to the parents and guardians of TK multilingual students. Clear and effective communication is vital to ensure families understand the new processes and what they mean for their children. To assist in this effort, the CDE has created an optional sample letter that LEAs can use or adapt. This letter informs families that their child has been identified as having multilingual experiences and provides information on the updated approach to English language proficiency testing. We encourage LEAs to utilize this resource or develop their own communications to maintain transparency and foster positive relationships with families of multilingual learners. The sample letter can be found on CDE Multilingual Learners web page under the What’s New section at https://www.cde.ca.gov/sp/ml/index.asp.

LEAs should consult their legal counsel for questions about the specific implications of these amendments legislated by AB 2268 concerning English language proficiency assessments and related issues under federal and state law, including potential impacts on Title I and/or Title III recipients.

For further guidance, please visit the AB 2268 TK Multilingual FAQs web page, which includes responses to common inquiries from educators. Please also visit the Dual Language Learner Support web page for additional resources related to multilingualism and home language development at https://www.cde.ca.gov/sp/cd/ci/dllsupport.asp.

For questions regarding the HLS and EL programs and services, please email the Language Policy and Leadership Office at lplo@cde.ca.gov.

For questions regarding the ELPAC, please email the English Language Proficiency and Spanish Assessments Office at elpac@cde.ca.gov.

Sincerely,

Signed by

Cheryl Cotton
Deputy Superintendent
Instruction, Measurement, and Administration Branch