HB 2435 — English language learners; instruction; budgeting

HB2435 - 532R - IH Ver       REFERENCEHouse TITLE:Engrossed       State of Arizona House of Representatives Fifty-third Legislature Second Regular Session   HOUSE BILL 2435       AN ACT   amending sections 15‑241, 15‑756.01, 15‑756.02, 15‑756.03 and 15‑756.04, Arizona Revised Statutes;

English language learners;

instruction;

budgeting       State of Arizona House of Representatives Fifty-third Legislature Second Regular Session   HB 2435   Introduced by Representatives Boyer:

Norgaard, Nutt, Saldate, Senator Miranda     AN ACT   amending sections 15‑241, 15‑756.01, 15‑756.02, 15‑756.03 and 15‑756.04, Arizona Revised Statutes;

repealing section 15‑756.11, Arizona Revised Statutes;

definitiondefinitions A.   The state board of education shall either use research based adopt research‑based models of structured English immersion programs that were previously developed and adopted by the English language learners task force or develop and adopt new research based research‑based models of structured English immersion programs for use by school districts and charter schools.  The department of education shall provide adequate staff support for the state board of education to comply with this article.  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 state board of education shall identify the minimum amount not require specific amounts of English language development per day for all models,models.  but models may not be less than one hundred twenty minutes per day.  The state board of education shall develop separate models for the first year in which a pupil is classified as an English language learner that include a minimum of four hours per day of English language development.

B.  The state board of education shall adopt alternative english instruction models providedthat pursuantinclude toa sectionminimum 15-753. amount Theof adoptedEnglish modelslanguage shalldevelopment beas evidence‑basedfollows: and research‑based.

B.  C.  The1.  One researchhundred basedtwenty research‑basedminutes modelsper ofday, structuredsix Englishhundred immersionminutes adoptedper byweek theor statethree boardhundred ofsixty educationhours shallper beschool theyear mostfor cost‑efficientpupils modelsin thatkindergarten meetprograms alland stategrades andone federalthrough laws.six.

C.  D.  The2.  One researchhundred basedminutes research‑basedper modelsday, offive structuredhundred Englishminutes immersionper andweek alternativeor Englishthree instructionhundred shallhours beper 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 fundingpupils fromin thegrades statewideseven compensatorythrough instructiontwelve. fund established by section 15‑756.11.

D.  E.  TheB.  The researchstate basedboard research‑based models of structurededucation Englishshall immersionadopt and alternative Englishenglish instruction shallmodels beprovided submittedpursuant by the state board of education to thesection president15-753.  The ofadopted themodels senate, the speaker of the house of representatives,  and the governor and the state board of education.  At least thirty days before adoption, the state board of education shall submitbe theevidence‑based research based research‑based models of structured English immersion and alternativeresearch‑based. English instruction to the joint legislative budget committee for review.

E.  F.  TheC.  School statedistricts boardand ofcharter educationschools shallmay reviewsubmit research based research‑based models of structured English immersion and alternative English instruction annuallyfor andapproval deleteby from, add to or modify the existing models.  When adopting or modifying English language learner programs, the state board of educationeducation. 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.

F.  G.  TheB.  D.  The stateresearch boardbased ofresearch‑based educationmodels shallof establishstructured proceduresEnglish forimmersion schooladopted districtsby and charter schools to determine the incrementalstate costsboard forof implementationeducation ofshall be the researchmost basedcost‑efficient research‑based models ofthat structuredmeet Englishall immersionstate and alternativefederal Englishlaws. instruction developed by the state board of education.

G.  H.  TheC.  E.  The stateresearch boardbased ofresearch‑based educationmodels shallof establishstructured aEnglish formimmersion forand schoolalternative districtsEnglish andinstruction chartershall schoolsbe limited to determinea theregular structuredschool Englishyear immersion and alternativeschool Englishday.  instructionInstruction budgetoutside requestthe amount. regular Notwithstandingschool anyyear otheror law,school theday maximumshall amountbe ofprovided thewith budgetcompensatory requestinstruction shalland may be theeligible incrementalfor costsfunding offrom the modelstatewide selectedcompensatory offsetinstruction byfund theestablished followingby monies:section 15‑756.11.

D.  F.  The research based research‑based models of structured English immersion and alternative English instruction shall be submitted by the state board of education to the president of the senate, the speaker of the house of representatives,  and the governor and the state board of education.  At least thirty days before adoption, the state board of education shall submit the research based research‑based models of structured English immersion and alternative English instruction to the joint legislative budget committee for review.

E.  G.  The state board of education shall review research based research‑based models of structured English immersion and alternative English instruction annually and delete from, add to or modify the existing models.  When adopting or modifying English language learner programs, the state board of education 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.

F.  H.  The state board of education shall establish procedures for school districts and charter schools to determine the incremental costs for implementation of the research based research‑based models of structured English immersion and alternative English instruction developed by the state board of education.

I.  The state board of education shall adopt rules to establish a framework for evaluating research-based models that are submitted for approval.  The state board shall solicit input from experienced educators.

The framework shall ensure that adopted models meet all of the following criteria:

1.  Provide coherent instruction aligned with this state's English language proficiency standards.

2.  Include oral and written language instruction, including structured opportunities to develop verbal and written skills and comprehension strategies.

3.  Include access to complex language content through grade-level textbooks with appropriate supports.

4.  Include parental engagement strategies.

G.  J.  The state board of education shall establish a form for school districts and charter schools to determine the structured English immersion and alternative English instruction 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:

H.  I.  TheH.  K.  The difference calculated pursuant to subsection G  hJ of this section shall be the maximum amount of the structured English immersion and alternative English instruction budget request pursuant to section 15‑756.03 for monies from the Arizona structured English immersion language learner fund established by section 15‑756.04.

I.  J.  InI.  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 LANGUAGE learner fund, including the form prescribed in subsection G  HJ of this section.

J.  K.  Form.  This thesection purposesdoes ofnot thisprohibit section,a : pupil 1.  "Compensatorywho instruction"is hasdesignated theas samean meaningEnglish prescribedlanguage learner from being concurrently enrolled in sectiona 15‑756.11.structured English immersion model and an alternative English instruction model.

2.  "incrementalJ.  N.  For costs" means costs that are associated with a structured English immersion program pursuant to section 15‑752 or a  an alternative English instruction program pursuant to section 15‑753 and that are in addition to the normalpurposes costs of conductingthis programssection:  for1.  "Compensatory Englishinstruction" proficienthas students.  Incremental costs do not include costs that replace the same typesmeaning ofprescribed servicesin providedsection to15‑756.11. English proficient students or compensatory instruction.

2.  "Incremental costs" means costs that are associated with a structured English immersion program pursuant to section 15‑752 or a  an alternative English instruction 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.

budget requests 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 G  H,J, the school district or charter school shall submit aa structured structured An English immersion Language learner budget request on a school by school school‑by‑school basis.  The budget request shall be for a specific amount of supplemental monies from the Arizona structured English immersion language learner fund established by section 15‑756.04.

B.  Each school district or charter school structured English immersion language learner 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 G  HJ and that monies from the Arizona structured English immersion language learner 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.  Each school district and charter school that submits aa structured structured an English immersion Language learner 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 G  H. 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 language learner fund established by section 15‑756.04 at the same time as the department's budget request.

4.  Submit4.  3.  Submit an annual report to the governor, the president of the senate, the speaker of the house of representatives and the state board of education that includes a detailed analysis of whether and to what extent pupils are benefiting academically from compensatory instruction as defined in section 15‑756.11 and a comparison of the academic achievement of pupils before and after receiving compensatory instruction as defined in section 15‑756.11.  The department shall submit a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.

END_STATUTE Sec. 10.  RepealSec. 10.  Section Section15-756.12, 15-756.11, Arizona Revised Statutes, is repealed.amended to read:

Sec. 11.  Section 15-756.12, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 12.  SectionSec. 11.  Section 41-1279.03, Arizona Revised Statutes, is amended to read: