Bill Text: AZ SB1160 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Counties; powers; technical correction
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-04-22 - House RULES Committee action: constitutional and in proper form, voting: (6-0-0-2-0) [SB1160 Detail]
Download: Arizona-2010-SB1160-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1160 |
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AN ACT
amending sections 15‑756, 15‑756.01 and 15‑756.03, Arizona Revised Statutes; relating to English language education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-756, Arizona Revised Statutes, is amended to read:
15-756. Identification of English language learners; notice; waiver
A. The primary or home language for all new pupils who enroll in a school district or charter school shall be identified in a manner prescribed by the superintendent of public instruction.
B. The English language proficiency of all pupils with a primary or home language other than English shall be assessed through the administration of English language proficiency assessments in a manner prescribed by the superintendent of public instruction. The test scores adopted by the superintendent as indicating English language proficiency shall be based on the test publishers' designated scores. The department shall annually request an appropriation to pay for the purchase of all language proficiency assessments, scoring and ancillary materials as prescribed by the department for school districts and charter schools. A pupil's scores on the English language proficiency assessments prescribed by the superintendent, including an indication of whether or not the pupil scored as proficient in English, shall be entered into the student accountability information system established by chapter 9, article 8 of this title. School district or charter school personnel who are responsible for enrolling pupils in classes at a school in a school district or a charter school shall access these scores for the purpose of determining appropriate course selection.
C. If it is determined that a pupil is not English language proficient, the pupil shall be classified as an English language learner and shall be enrolled in an English language education program pursuant to section 15‑752 or 15‑753. At the time that a pupil is classified as an english language learner, the pupil's parent or legal guardian shall be provided a notice on a separate form that the parent or legal guardian may apply for a waiver, and the notice shall include the requirements for the waiver application as prescribed in section 15-753 and meet all the notification requirements prescribed in title iii, section 3302 of the elementary and secondary education act as reauthorized by the no child left behind act of 2001. The parent or guardian shall acknowledge in writing the receipt of the notice prescribed in this subsection.
Sec. 2. Section 15-756.01, Arizona Revised Statutes, is amended to read:
15-756.01. Arizona English language learners task force; research based models of structured English immersion for English language learners; budget requests; definitions
A. The Arizona English language learners task force is established in the department of education. The task force shall consist of:
1. Three members who are appointed by the superintendent of public instruction.
2. Two members who are appointed by the governor.
3. Two members who are appointed by the president of the senate.
4. Two members who are appointed by the speaker of the house of representatives.
B. Members of the task force shall serve four year terms. Members of the task force shall elect a chairperson from among the members of the task force. The department of education shall provide adequate staff support for the task force.
C. By September 1, 2006, The task force shall develop and adopt research based models of structured English immersion programs for use by school districts and charter schools. The models shall take into consideration at least the size of the school, the location of the school, the grade levels at the school, the number of English language learners and the percentage of English language learners. The models shall be limited to programs for English language learners to participate in a structured English immersion program not normally intended to exceed one year. The task force shall identify the minimum amount of English language development per day for all models. The task force shall develop separate models for the first year in which a pupil is classified as an English language learner that includes include a minimum of four hours per day of English language development.
D. The research based models of structured English immersion shall not prohibit the use of content aligned to standards approved by the state board of education to deliver English language development instruction.
D. E. The research based models of structured English immersion adopted by the task force shall be the most cost-efficient models that meet all state and federal laws.
E. F. The research based models of structured English immersion shall be limited to a regular school year and school day. Instruction outside the regular school year or school day shall be provided with compensatory instruction and may be eligible for funding from the statewide compensatory instruction fund established by section 15‑756.11.
F. G. The research based models of structured English immersion shall be submitted by the task force to the president of the senate, the speaker of the house of representatives, the governor and the state board of education. At least thirty days before adoption, the task force shall submit the research based models of structured English immersion to the joint legislative budget committee for review.
G. H. The task force shall review research based models of structured English immersion annually and delete from, add to or modify the existing models. When adopting or modifying English language learner programs, the task force shall review and consider the information and data obtained as a result of the department of education's monitoring of English language learner programs pursuant to section 15‑756.08.
H. I. The task force shall establish procedures for school districts and charter schools to determine the incremental costs for implementation of the research based models of structured English immersion developed by the task force.
I. J. The task force shall establish a form for school districts and charter schools to determine the structured English immersion budget request amount. Notwithstanding any other law, the maximum amount of the budget request shall be the incremental costs of the model selected offset by the following monies:
1. All federal title III monies and any other federal monies designated solely for the educational needs of English language learners.
2. The portion of title I and title IIA monies determined by the English language learner population as a percentage of the qualified population.
3. The portion of impact aid monies determined by the English language learner population as a percentage of the qualified population. A school district or charter school shall only apply unexpended impact aid monies to English language learner programs after it has applied its impact aid monies for other allowable uses as permitted by state law.
4. The portion of desegregation monies levied pursuant to section 15‑910 determined by the English language learner population as a percentage of the qualified population.
5. The ELL support level weight prescribed in section 15‑943.
J. K. The difference calculated pursuant to subsection I J of this section shall be the maximum amount of the structured English immersion budget request pursuant to section 15‑756.03 for monies from the Arizona structured English immersion fund established by section 15‑756.04. Beginning July 15, 2008, school districts and charter schools shall not include the incremental costs of any pupil who is classified as an English language learner after July 1, 2007 and who has been classified as an English language learner for more than two years in the calculation of the school district's or charter school's structured English immersion budget request.
K. L. In consultation with the auditor general, the department of education shall develop and adopt forms to be used by school districts and charter schools to submit budget requests for the Arizona structured English immersion fund, including the form prescribed in subsection I J of this section.
M. Notwithstanding subsection C of this section, the task force may consider and approve alternative models of English language learner programs that are recommended by the department and that are developed in collaboration with one or more school districts.
L. N. For the purposes of this section:
1. "Compensatory instruction" has the same meaning prescribed in section 15-756.11.
2. "Incremental costs" means costs that are associated with a structured English immersion program pursuant to section 15‑752 or a program pursuant to section 15‑753 and that are in addition to the normal costs of conducting programs for English proficient students. Incremental costs do not include costs that replace the same types of services provided to English proficient students or compensatory instruction.
Sec. 3. Section 15-756.03, Arizona Revised Statutes, is amended to read:
15-756.03. Structured English immersion; budget request
A. If a school district or charter school qualifies to submit a budget request based on the form prescribed in section 15‑756.01, subsection I J, the school district or charter school shall submit a structured English immersion budget request on a school by school basis. The budget request shall be for a specific amount of supplemental monies from the Arizona structured English immersion fund established by section 15-756.04.
B. Each school district or charter school structured English immersion budget request shall include the signature of the superintendent of the school district and the chief financial officer of the school district or the principal of the charter school and the chief financial officer of the charter school that certifies that the information in the budget request is true to the best of that person's knowledge and has been calculated in accordance with the form prescribed in section 15‑756.01, subsection I J and that monies from the Arizona structured English immersion fund established by section 15‑756.04 will not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15‑910, used for English language learners that were budgeted for English language learners as of February 23, 2006.
C. Beginning July 1, 2007, Each school district and charter school that submits a structured English immersion budget request shall submit the budget request to the department of education annually on or before September 15. The department of education shall verify the budget request of each school district and charter school for accuracy and compliance with the form prescribed in section 15-756.01, subsection I J. The department shall collect all school district and charter school budget requests and submit them to the legislature for funding from the Arizona structured English immersion fund established by section 15-756.04 at the same time as the department's budget request.
