(a) The department shall annually ascertain the number of pupils in each school district and school, including a school that is within the jurisdiction of a county office of education and a charter school, who are, or are at risk of becoming, long-term English learners, as those terms are defined in Section 313.1.

(b) The department shall annually provide the information described in subdivision (a) to school districts and schools and post on the department’s Internet Web site the number of long-term English learners and English learners at risk of becoming long-term English learners in the state.

(c) In addition to the information specified in subdivision (b) of Section 440, the notice of assessment of a child’s English proficiency shall also contain all of the following information:

(1) Whether the child is a long-term English learner or English learner at risk of becoming a long-term English learner, as those terms are defined in Section 313.1.

(2) The manner in which the program for English language development instruction will meet the educational strengths and needs of long-term English learners or English learners at risk of becoming long-term English learners.

(3) The manner in which the program for English language development instruction will help long-term English learners or English learners at risk of becoming long-term English learners develop English proficiency and meet age-appropriate academic standards.

(d) A local educational agency or charter school may, to comply with the requirements of subdivision (c), send a notice to parents and guardians that identifies pupils as long-term English learners or English learners at risk of becoming long-term English learners, including pupils in addition to those who meet the definitions in Section 313.1, if all of the following conditions are met:

(1) The definitions used by the local educational agency or charter school are broader than those in Section 313.1 and consequently include all pupils who meet the definitions in Section 313.1.

(2) The notice states that the definitions used by the local educational agency or charter school are broader than those in state law.

(3) The notice includes the information specified in paragraphs (2) and (3) of subdivision (c).

(Amended by Stats. 2017, Ch. 609, Sec. 1. (AB 81) Effective January 1, 2018.)